N.Y. Comp. Codes R. & Regs. tit. 22 § 1250.12

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1250.12 - Transferred Proceedings

(a) Transferred CPLR Article 78 Proceedings. Unless otherwise directed by the court, a proceeding commenced pursuant to CPLR article 78 and transferred to the Appellate Division pursuant to CPLR 7804(g) shall be governed in the same manner as an appeal under this Part, with the time to file the petitioner's brief measured from the date of the order of transfer.

(b) Transferred Human Rights Law Proceedings (Executive Law § 298).

(1) A proceeding under the Human Rights Law which is transferred to the Appellate Division for disposition shall be prosecuted upon the original record, which shall include:

(i) copies of all submissions filed in the Supreme Court;

(ii) the decision of the Supreme Court, or a statement that no decision was rendered;

(iii) the order of transfer; and

(iv) the original record before the State Division of Human Rights, including a copy of the transcript of the public hearing.

(2) In all other respects every proceeding so transferred shall be governed by this Part in the same manner as an appeal, with the time to perfect measured from the date of the order of transfer.

(3) In the event that the original record that was before the State Division of Human Rights was not previously submitted to the Supreme Court, the Division shall file the original record with the Appellate Division within 45 days after entry of, or service upon it of a copy of the order of transfer.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1250.12

Adopted New York State Register October 31, 2018/Volume XL, Issue 44, eff. 9/17/2018