- (1) Appeals from final orders and judgments of the Supreme Court, other than those dismissing a cause for failure to prosecute, for failure to serve a complaint or for failure to obey an order of disclosure or to stay or compel arbitration.
- (2) Appeals from decrees or orders of the Surrogate's Court finally determining a special proceeding.
- (3) Appeals from orders granting or denying motions for a new trial.
- (4) Appeals from orders granting or denying motions for summary judgment.
- (5) Appeals from orders granting or denying motions to dismiss a complaint, a cause of action, a counterclaim or an answer in point of law.
- (6) Appeals from orders of the Appellate Term.
- (7) Appeals from judgments or orders in criminal proceedings.
- (8) Special proceedings transferred to this court for disposition.
- (9) Controversies on agreed statement of facts.
- (10) Appeals from orders of the Family Court finally determining a special proceeding.
- (11) Appeals from orders granting or denying custody of minors after a hearing.
- (12) Special proceedings challenging determination of the New York City tax appeals tribunal.
- (13) Such other appeals as the court or a justice thereof may designate as enumerated.
(b) All other types of appeals not set forth in subdivision (a) of this section shall be noticed as non-enumerated.
- (1) Appellant's filing. An appeal or cause shall be placed on the calendar, by the appellant or moving party filing with the clerk, at least 57 days before the first day of the term for which the matter shall have been noticed, the record on appeal or appendix and brief, in the manner and number required by section 1250.9(a) of this Title, and a note of issue, with proof of service, stating the term for which noticed, the date of the notice of appeal, the date the judgment or order was entered, the name of the justice who made the decision, the nature of the appeal or cause, and the index or indictment number and the Appellate Division number.
- (2) Respondent's filing. At least 27 days before the first day of the term for which the appeal or cause shall have been noticed, the respondent or opposing party shall file the answering brief and appendix, if any, in the manner and number required by section 1250.9(c) of this Title.
(3) Reply brief. Within nine days after service of the respondent's brief, the appellant or moving party may file a reply brief, in the manner and number required by section 1250.9(d) of this Title.
(d) Cross appeals.
(1) If the parties to the appeal do not stipulate to a briefing schedule pursuant to section 1250.9(f)(l)(i) of this Title, respondent-appellant shall file his or her answering brief pursuant to the schedule for a respondent for that specific term. Appellant shall have nine days thereafter to file its reply brief, and thereafter, respondent-appellant shall have nine days to file his or her reply brief.
(e) Time permitted for argument.
- (1) On the argument of an enumerated appeal, not more than 15 minutes shall be permitted on either side. Any party may for good cause request additional argument time by written application before the day of argument.
- (2) Oral argument shall not be allowed in non-enumerated appeals, except by permission of the court upon application pursuant to section 1250.15(c)(2) of this Title.
- (3) Only one counsel on each side shall be heard except by permission of the court.
(c) How placed on the calendar; filing time.
(a) Calendar notice.
All appeals or causes shall be noticed for a term of the court as enumerated or non-enumerated. The following appeals are to be noticed as enumerated: