N.Y. Comp. Codes R. & Regs. tit. 22 § 640.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 640.9 - Reargument; leave to appeal to Appellate Division; stay

(a) Reargument.

(1) Motions for reargument shall be made within 30 days after the date of the order determining the appeal.

(2) Papers in support of a motion for reargument shall concisely state the points claimed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the record, and the authorities relied upon.

(b) Leave to appeal to the Appellate Division in civil matters.

(1) Applications for permission to appeal to the Appellate Division pursuant to CPLR 5703(a) shall be made in the manner and within the time prescribed by CPLR 5513(c) and 5516.

(2) The moving papers shall set forth the questions to be reviewed by the Appellate Division. If the appeal is to review a determination granting or affirming the granting of a new trial or hearing, the moving papers must also contain a stipulation by the appellant consenting to the entry of judgment absolute against the appellant in the event of an affirmance by the Appellate Division.

(c) Stay. If a stay is desired pending a determination of a motion for reargument or leave to appeal, application may be made for an order incorporating such stay.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 640.9