I. PROCEDURE
1. Sufficient Notice
a. Selecting a return date (22 NYCRR 1000.13 [a] [1] & [2])
Motions are returnable any Monday (or the first business day
of the week if Monday is a legal holiday) regardless of whether
the Court is in session, upon sufficient notice to all necessary
parties. Required notice periods are:
2. Proper Format
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Typically, orders to show case are applicable to stay motions
in Family Court matters. Indeed, unless otherwise ordered by
a Justice of the Court, an application for a stay pursuant to
Family Court Act § 1114 must be made by order to show
cause.
2. Necessary papers
3. W here made
4. Scheduling
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Unless otherwise ordered by the Justice hearing the motion,
all papers in opposition to a motion brought by order to show
cause shall be served and filed in the Clerk’s Office no later
than noon of the return date set in the order to show cause.
C. Extensions of Time
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efforts to obtain the transcript of the proceeding to be reviewed
an otherwise explaining the delay
a. W here required:
b. W hen required:
c. W hat required:
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D. Vacate Dismissal (22 NYCRR 1000.13 [g])
This motion must be made within one year of the date of the
dismissal.
E. Summary Reversal
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1. Appellant has abandoned the appeal. Counsel must show:
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v. Submit a copy of a letter to appellant advising that
he or she may elect to file a pro se response to the
motion (see 22 NYCRR 1000.13 [q], as amended
effective March 28, 2007); and
Counsel must notify the Clerk in writing within 15 days of the date
that the scheduling order was mailed of unavailability for oral
argument on a specific date or dates during the term (22 NYCRR
1000.10 [c]). If such notification is not provided, or if counsel
subsequently becomes unavailable on the date scheduled for oral
argument, a formal motion to change the oral argument date is
required.
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2. Justification - the affidavit must also set forth the reasons
justifying consolidation
a. Notice of motion;
2. Necessary Papers (22 NYCRR 1000.13 [p] [2] & [p] [4]) - The
papers required for a motion for leave to appeal to the Court of
Appeals are the same as those for a motion for reargument.
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3. Time Limitation (22 NYCRR 1000.13 [p] [1]) - a motion for
leave to appeal to the Court of Appeals must be made
within 30 days of service of the order of the Appellate Division,
with notice of entry.
a. Notice of application
b. Supporting affidavit
4. the crime;
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6. the results of prior appellate motions.
QUESTIONS:
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