N.Y. Comp. Codes R. & Regs. tit. 8 § 279.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 279.8 - Pleadings and memoranda of law

(a) Form of pleadings and memoranda of law. Documents that do not comply with the form requirements listed in this section or the provisions of sections 279.4, 279.5, and 279.6 of this Part may be rejected in the sole discretion of a State Review Officer. All pleadings and memoranda of law shall be in the following form:

(1) on 8 1/2 by 11 inches white paper of good quality, without erasures or interlineation materially defacing the pleading;

(2) typewritten in black ink, single sided, and text double-spaced (block quotation and footnotes may be single-spaced). All text, with the exception of page numbering, shall appear on pages containing margins of at least one inch. Text shall appear as minimum 12-point type in the Times New Roman font (footnotes may appear as minimum 10-point type in the Times New Roman font). Compacted or other compressed printing features are prohibited;

(3) pages consecutively numbered and fastened together; and

(4) All pleadings shall be signed by an attorney, or by a party if the party is not represented by an attorney.

(b) the request for review, answer, answer with cross-appeal, answer to cross-appeal, or reply shall not exceed 10 pages in length; the memorandum of law in support of a request for review, answer, or answer with cross-appeal shall not exceed 30 pages in length; a memorandum of law in support of an answer to a cross-appeal or reply shall not exceed 10 pages in length. A party shall not circumvent page limitations through incorporation by reference. Extensive footnotes may not be used to circumvent page limitations.

(c) The request for review, answer, or answer and cross-appeal shall each set forth:

(1) the specific relief sought in the underlying action or proceeding;

(2) a clear and concise statement of the issues presented for review and the grounds for reversal or modification to be advanced, with each issue numbered and set forth separately, and identifying the precise rulings, failures to rule, or refusals to rule presented for review; and

(3) citations to the record on appeal, and identification of the relevant page number(s) in the hearing decision, hearing transcript, exhibit number or letter and, if the exhibit consists of multiple pages, the exhibit page number.

(4) any issue not identified in a party's request for review, answer, or answer with cross-appeal shall be deemed abandoned and will not be addressed by a State Review Officer.

(d) The memorandum of law shall include a table of contents and set forth:

(1) a concise statement of the case, setting out the facts relevant to the issues submitted for review; and

(2) a statement of the party's arguments, including the party's contentions regarding the decision of the impartial hearing officer and the reasons for them, with each contention set forth separately under an appropriate heading, supported by citations to appropriate legal authority and to the record on appeal.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 279.8

Amended New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 1/1/2017