The statutory rules concerning the procedure for civil appeals generally are in CPLR 5501 et seq., for appeals to the Court of Appeals 5601 et seq. and for appeals to the Appellate Division 5701 et seq. The rules concerning criminal appeals are found in CPL 450.00 et seq., 460.00 et seq. and CPL 470.00 et seq.
In addition, each of the four appellate divisions has its own rules and the Court of Appeals has its own rules.
Civil- No right to extend time to file Notice of Appeal either by stipulation or by the Appellate Court. Exceptions include the attorney becoming disabled, within time party mistakes the method to appeal seeking permission to appeal when appeal is as of right or visa-versa, service timely, while filing not timely or visa-versa or an event permitting a substituting of parties occurs CPLR 5514.
Criminal-Defendant- Right to extend time for filing Notice of Appeal if the failure to file was due to (a) improper conduct of a public servant or improper conduct, death or disability of the defendant?s attorney or (b) the inability of the defendant and his attorney to have communicated, in person or by mail, concerning whether an appeal should be taken, prior to the incarceration in an institution and through no lack of diligence or fault of the attorney or defendant. The motion is made to the immediate appellate court and has to be made within one year CPL 460.30 (1).
Leave Applications to the Court of Appeals-Number of Applications
Civil - Two. Can first request leave from the Appellate Division and once it is denied, then from the Court of Appeals CPLR 5602 (a). It must be made by motion. Rule 500.22 indicates what is necessary to include in the application.
Criminal- Only entitled to one leave application either to the Appellate Division or to the Court of Appeals CPL 460.50 (3). Under most circumstances the application should be made to the Court of Appeals and not to the Appellate Division. Although one?s chance for obtaining leave to the Court of Appeals is slim, the chances are better with a request to the Court of Appeals and not to the Appellate Division. The reason given is that the Appellate Division wants to let the Court of A
The statutory rules concerning the procedure for civil appeals generally are in CPLR 5501 et seq., for appeals to the Court of Appeals 5601 et seq. and for appeals to the Appellate Division 5701 et seq. The rules concerning criminal appeals are found in CPL 450.00 et seq., 460.00 et seq. and CPL 470.00 et seq.
In addition, each of the four appellate divisions has its own rules and the Court of Appeals has its own rules.
Civil- No right to extend time to file Notice of Appeal either by stipulation or by the Appellate Court. Exceptions include the attorney becoming disabled, within time party mistakes the method to appeal seeking permission to appeal when appeal is as of right or visa-versa, service timely, while filing not timely or visa-versa or an event permitting a substituting of parties occurs CPLR 5514.
Criminal-Defendant- Right to extend time for filing Notice of Appeal if the failure to file was due to (a) improper conduct of a public servant or improper conduct, death or disability of the defendant?s attorney or (b) the inability of the defendant and his attorney to have communicated, in person or by mail, concerning whether an appeal should be taken, prior to the incarceration in an institution and through no lack of diligence or fault of the attorney or defendant. The motion is made to the immediate appellate court and has to be made within one year CPL 460.30 (1). People v. Corso, 40 N.Y.2d 578 (1976)
Leave Applications to the Court of Appeals-Number of Applications
Civil - Two. Can first request leave from the Appellate Division and once it is denied, then from the Court of Appeals CPLR 5602 (a). It must be made by motion. Rule 500.22 indicates what is necessary to include in the application.
Criminal- Only entitled to one leave application either to the Appellate Division or to the Court of Appeals CPL 460.50 (3). Under most circumstances the application should be made to the Court of Appeals and not to the Appellate Division. Although one?s chance for obtaining leave to the Court of Appeals is slim, the chances are better with a request to the Court of Appeals and not to the Appellate Division. The reason given is that the Appellate Division wants to let the Court of Appeals control its calendar and give the Court of Appeals the right to decide which cases it wants to consider.
Applications to the Chief Judge for leave to appeal in a criminal case (CPL 460.20) shall be by letter addressed to 20 Eagle Street, Albany, New York 12207-1095, and be sent to the Clerk of the Court, with proof of service of one copy on the adverse party.
The statutory rules concerning the procedure for civil appeals generally are in CPLR 5501 et seq., for appeals to the Court of Appeals 5601 et seq. and for appeals to the Appellate Division 5701 et seq. The rules concerning criminal appeals are found in CPL 450.00 et seq., 460.00 et seq. and CPL 470.00 et seq.
In addition, each of the four appellate divisions has its own rules and the Court of Appeals has its own rules.
Civil- No right to extend time to file Notice of Appeal either by stipulation or by the Appellate Court. Exceptions include the attorney becoming disabled, within time party mistakes the method to appeal seeking permission to appeal when appeal is as of right or visa-versa, service timely, while filing not timely or visa-versa or an event permitting a substituting of parties occurs CPLR 5514.
Criminal-Defendant- Right to extend time for filing Notice of Appeal if the failure to file was due to (a) improper conduct of a public servant or improper conduct, death or disability of the defendant?s attorney or (b) the inability of the defendant and his attorney to have communicated, in person or by mail, concerning whether an appeal should be taken, prior to the incarceration in an institution and through no lack of diligence or fault of the attorney or defendant. The motion is made to the immediate appellate court and has to be made within one year CPL 460.30 (1). People v. Corso, 40 N.Y.2d 578 (1976)
Leave Applications to the Court of Appeals-Number of Applications
Civil - Two. Can first request leave from the Appellate Division and once it is denied, then from the Court of Appeals CPLR 5602 (a). It must be made by motion. Rule 500.22 indicates what is necessary to include in the application.
Criminal- Only entitled to one leave application either to the Appellate Division or to the Court of Appeals CPL 460.50 (3). Under most circumstances the application should be made to the Court of Appeals and not to the Appellate Division. Although one?s chance for obtaining leave to the Court of Appeals is slim, the chances are better with a request to the Court of Appeals and not to the Appellate Division. The reason given is that the Appellate Division wants to let the Court of Appeals control its calendar and give the Court of Appeals the right to decide which cases it wants to consider.
Applications to the Chief Judge for leave to appeal in a criminal case (CPL 460.20) shall be by letter addressed to 20 Eagle Street, Albany, New York 12207-1095, and be sent to the Clerk of the Court, with proof of service of one copy on the adverse party.
ppeals control its calendar and give the Court of Appeals the right to decide which cases it wants to consider.
Applications to the Chief Judge for leave to appeal in a criminal case (CPL 460.20) shall be by letter addressed to 20 Eagle Street, Albany, New York 12207-1095, and be sent to the Clerk of the Court, with proof of service of one copy on the adverse party.
Excerpts of Materials from coursebook of Appellate Practice Seminar.
