N.Y. Comp. Codes R. & Regs. tit. 22 § 731.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 731.6 - Calendar of appeals; preferences; consolidation

(a) The general calendar shall consist of:

(1) all appeals in a civil action or proceeding in which copies of the notice of appeal, the order or judgment appealed from, and RATA form have been transmitted to this court by the court of original instance; and

(2) all appeals in a criminal action or proceeding in which a duplicate notice of appeal or an affidavit of errors and the court's return have been transmitted to the chief clerk as required by C PL 460.10(1)(e), (2) and (3)(d).

(b)Preferences.

(1) Any party to an appeal entitled by law to a preference in the hearing of the appeal may serve and file a demand for a preference which shall set forth the provision of law relied upon for such preference and good cause for such preference. If the demand is sustained by the court, the appeal shall be preferred.

(2) A party not entitled to preference by law may move for a calendar preference for good cause shown.

(c)Consolidation.

(1) A party may consolidate appeals from civil orders and/or judgments arising out of the same action or proceeding provided that each appeal is perfected timely pursuant to section 731.7 of this Part.

(2) Appeals from orders or judgments in separate actions or proceedings cannot be consolidated but may, upon written request of a party, be scheduled by the court to be heard together on the same day.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 731.6