(1) Counsel who has filed a notice of appeal on behalf of a party shall be regarded as counsel of record for that party in this court, except where:
- (i) the notice of appeal contains a statement indicating that counsel has not been retained for purposes of appeal; or
- (ii) counsel who filed the notice of appeal was assigned in the court of original instance, and that assignment has not been extended to the appeal by statute, order or rule.
- (2) In any cause or matter in which counsel files a document in this court on behalf of a party who is not otherwise represented by counsel of record in this court, filing counsel shall be regarded as counsel of record for that party in this court.
- (3) Unless the court directs otherwise, there shall be only one counsel of record for a party in connection with any cause or matter pending in this court.
(4) Counsel of record may be changed by:
- (i) the filing of a consent to change attorney or substitution of counsel in this court which is on notice to all parties, executed by both counsel of record and incoming counsel, if there is one, and signed and acknowledged by the affected party; or
- (ii) by successfully moving this court for permission to withdraw as counsel.
- (5) Upon the filing of a notice of appearance on notice to all parties in a cause or matter, counsel shall be regarded as counsel of record for a party who is not otherwise represented in this court in connection with the cause or matter.
- (6) Counsel who is retained by counsel of record to serve as appellate counsel may inform the court as to that status by filing a writing indicating same on notice to all parties. All records, appendices and briefs filed by appellate counsel must bear the name, address, telephone number and e-mail address of counsel of record, along with that of appellate counsel, and must indicate appellate counsel’s status as such.
(a) Practice rules of the Appellate Division.
This Part serves as a supplement to, and should be read in conjunction with, the Practice Rules of the Appellate Division (22 NYCRR Part 1250) and the Electronic Filing Rules of the Appellate Division (22 NYCRR Part 1245). Where there is a conflict between this Part and Parts 1250 and 1245 of this Title, this Part controls when practicing within the Second Judicial Department.
(b) Sessions of the court.
Unless otherwise ordered, the court will convene at l0 o'clock in the forenoon on Monday, Tuesday, Thursday, and Friday. Special sessions of the court may be held at such times and for such purposes as the court from time to time may direct.
(c) Appearance of counsel.