N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.4

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

Section 1000.4 - Motions

(a) Digital submissions required. In matters not subject to electronic filing, except as otherwise provided, all motion and application papers shall be submitted in digital format through the Court's digital copy portal, and shall be served on all parties electronically to the extent practicable in accordance with 22 NYCRR 1250.1 (c) (4). Digital copies of motions and applications shall comply with the technical specifications for electronically filed documents (Attachment A to 22 NYCRR Part 1245). Where such papers are submitted in digital format, no hard copy submission is required. Exempt attorneys and exempt litigants, as defined in 22 NYCRR 1245.4, are exempt from the digital filing requirement and must file original papers in hard copy in accordance with 22 NYCRR 1250.4 (a).

(b) Proof of service required. In addition to proof of filing of the notice of appeal as required pursuant to 22 NYCRR 1250.4 (a) (3), a movant shall submit proof or admission of service of the notice of appeal.

(c) Order to show cause. An application for an order to show cause pursuant to 22 NYCRR 1250.4 (b) shall be directed to a Justice of this Court with chambers in the Judicial District from which the appeal or proceeding arises.

(d) Family Court Act § 1114 and CPLR 5704 (a). Unless otherwise ordered by a Justice of this Court, an application for a stay pursuant to Family Court Act § 1114 or an application pursuant to CPLR 5704 (a) shall be made by order to show cause pursuant to 22 NYCRR 1250.4 (b). An application to extend a stay granted pursuant to Family Court Act § 1114 shall be made by motion on notice pursuant to 22 NYCRR 1250.4 (a).

(e) Extension of time to file answering or reply documents. Any request for an extension of time to file answering or reply documents pursuant to 22 NYCRR 1250.4 (a) (5) shall be made by motion, and shall be supported by an affidavit demonstrating with particularity a reasonable excuse for the delay and an intent to file the documents within a reasonable time.

(f) Leave to file amicus curiae brief. A motion for leave to file an amicus curiae brief shall be made in accordance with 22 NYCRR 1250.4 (f), and only one copy of the proposed brief shall be submitted with the motion. When permission to submit an amicus curiae brief is granted, the person or entity to whom it is granted shall file five hard copies and one digital copy of the brief with proof of service of one hard copy on each party. A person or entity granted permission to appear amicus curiae shall not be entitled to oral argument unless the Court directs otherwise.

(g) Poor person relief.

(1) An affidavit in support of a motion for permission to proceed on appeal as a poor person shall, in addition to the matters listed in 22 NYCRR 1250.4 (d), list

(a) the movant's assets with their value; and

(b) the number of dependants the movant supports in the movant's present household.

(2) A motion for permission to proceed on appeal as a poor person and for assignment of counsel shall be served upon the County Attorney in the county from which the appeal arises.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1000.4