N.Y. Comp. Codes R. & Regs. Tit. 22 § 1250.1 - General Provisions and Definitions
(a) Unless the context requires
otherwise, as used in this Part:
(1) The word "cause" or "matter"
includes an appeal, a special proceeding transferred to the Appellate Division
pursuant to CPLR 7804(g), a special proceeding initiated in the Appellate
Division, and an action submitted to the Appellate Division pursuant to CPLR
3222 on a case containing an agreed statement of facts upon which the
controversy depends.
(2) Any reference to the "court" or the
"Appellate Division" means the Appellate Division of the Supreme Court of the
State of New York for the Judicial Department having jurisdiction over the
cause or matter; any reference to a "justice" means a justice of that court;
any reference to the "clerk" means the clerk of that court or a designee,
unless the context of usage indicates the clerk of another court.
(3) Wherever reference is made
to a "judgment," "order" or "determination," it shall also be deemed to include
a sentence.
(4) The
word "consolidation" refers to the combining of two or more causes arising out
of the same action or proceeding in one record or appendix and one brief.
(5) The phrase
"cross appeal" refers to an appeal taken by a party whose interests are adverse
to a party who previously appealed from the same order or judgment as relates
to that appeal and cross appeal.
(6) The word "concurrent," when used to
describe appeals, shall refer to those appeals which have been taken separately
from the same order or judgment by parties whose interests are not adverse to
one another as relates to those appeals.
(7) The word "appellant" shall refer to
the party required to file the initial brief to the court in a cause or matter,
including an appellant, a petitioner, an appellant-respondent and similar
parties.
(8) The
term "NYSCEF" shall mean the New York State Courts Electronic Filing System and
the "NYSCEF site" shall mean the New York State Courts Electronic Filing System
website located at
www.nycourts.gov/efile .
(9) The phrase "filed electronically,"
when used to describe submissions to a court, shall refer to documents that
have been filed by electronic means through the NYSCEF site.
(10) The phrase "electronic
means" shall mean any method of transmission of information between computers
or other machines, other than facsimile machines.
(11) The phrase "hard copy"
shall mean a document in paper format.
(12) The phrase "digital copy" shall
mean a document in text-searchable portable document format and otherwise
compliant with the technical requirements established by the court.
(b) Number of
Justices. When a cause is argued or submitted to the court with four justices
present, it shall, whenever necessary, be deemed submitted also to any other
duly qualified justice of the court, unless objection is noted at the time of
argument or submission.
(c) Filing and Service; Weekends and
Holidays.
(1) Filing
(i) Electronic filing. For the
purpose of meeting deadlines imposed by court rule, order, or statute, all
records on appeal, briefs, appendices, motions, affirmations and other
submissions filed electronically will be deemed filed as of the time copies of
the submissions are transmitted to the NYSCEF site. The filing of additional
hard copies of such electronic filings pursuant to court rules shall not affect
the timeliness of the filing.
(ii) Hard copy filing. For the purpose
of meeting deadlines imposed by court rule, order or statute, all records on
appeal, briefs, appendices, motions, affirmations and other submissions not
filed electronically will be deemed filed as of the time hard copies of the
submissions are received and stamped by the office of the clerk.
(iii) A document deemed filed
for purposes of timeliness under this rule may thereafter be reviewed and
rejected by the clerk for failure to comply with any applicable statute, rule
or order.
(2) Proof of Service. All hard copy
filings shall be accompanied by proof of service upon all necessary parties
pursuant to CPLR 2103.
(3) Service by Mail and Overnight Mail.
If a period of time prescribed by this Part is measured from the service of a
record, brief or other submission and service is by mail, five days shall be
added to the prescribed period. If service is by overnight delivery, one day
shall be added to the prescribed period.
(4) Service by Electronic Mail Upon
Consent. Unless otherwise directed by the court, parties in matters not subject
to e-filing may agree, in writing, to service of submissions by electronic
mail. A copy of any such agreement shall be filed with the court with the
affidavit of service.
(5) Weekends and Holidays. If a period
of time prescribed by this Part for the performance of an act ends on a
Saturday, Sunday or court holiday, the act will be deemed timely if performed
before the close of business on the next business day.
(d) Signing of documents. The
original of every hard copy document submitted for filing in the office of the
clerk of the court shall be signed in ink in accordance with the provisions of
section 130-1.1 -a(a) of this Title.
Copies of the signed original shall be served upon all parties to the matter
and shall be filed in the office of the clerk whenever multiple copies of a
submission are required to be served and filed in accordance with the
provisions of this Part. Documents filed electronically shall be signed in
accordance with the provisions of the Appellate Division Rules for Electronic
Filing.
(e)
Confidentiality and Sealing.
(1) Records, briefs and other
submissions filed in matters deemed confidential by law shall not be available
to the public except as provided by statute or rule.
(2) Appeals and proceedings
that are confidential by law include, but are not limited to:
(i) Matters arising pursuant
to the Family Court Act (Family Court Act § 166).
(ii) Matrimonial actions and
proceedings (Domestic Relations Law §
235; CPLR 105[p]).
(iii) Adoption proceedings
(Domestic Relations Law §
114 ).
(iv) Youthful offender adjudications (C
PL 720.35[2]; 725.15).
(v) Proceedings pursuant to article 6
of the Social Services Law (Social Services Law § 422[4][a]).
(vi) In criminal matters not
otherwise confidential, records of grand jury proceedings (C PL 190.25[4]),
grand jury reports (C PL 190.85) and presentence reports and memoranda (C PL
390.50).
(vii)
Proceedings pursuant to Civil Rights Law §
50-b.
(viii) Proceedings pursuant to
Judiciary Law §
90(10).
(3) Applications
for sealing and unsealing court records shall be made by motion, upon good
cause shown.
(4) In
a civil cause, documents that are subject to an existing sealing order from
another court shall remain subject to such order, except as otherwise ordered
by the Appellate Division.
(f) Appellate Division Numbers. All
documents filed with the court shall prominently display the name of the court
of original instance, the index number or indictment number of the case in such
court, if any, and any number assigned by the Appellate Division.
(g) Rejection for
Noncompliance. The clerk may reject any submission that does not comply with
this Part, is incomplete, is untimely, is not legible, or fails to comply with
any applicable statute, rule or order. The court may waive compliance by any
party with any provision of this Part.
(h) Sanctions. An attorney or party who
fails to comply with a rule or order of the court or who engages in frivolous
conduct shall be subject to such sanction as the court may impose. The
imposition of sanctions and costs may be made upon motion or upon the court's
own initiative, after a reasonable opportunity to be heard. The court may
impose sanctions and/or costs upon a written decision setting forth the conduct
on which the imposition is made.
(i) Electronic Filing Rules. The rules
of this Part shall be read in conjunction with the Electronic Filing Rules of
the Appellate Division (22 NYCRR Part 1245). Where there is a conflict between
this Part and Part 1245 in an appellate e-filed matter, Part 1245 shall
control.
Notes
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