Pre-argument Conference

§ .0.17 Pre-argument Conference

  1. In every civil case (except one originating in Family Court) in which a notice of appeal is filed or an order granting leave to appeal to the Appellate Division entered, or an order transferring an Article 78 proceeding to the Appellate Division is entered, counsel for the appellant or petitioner shall file, together with the above, a pre-argument statement, proof of service and, where applicable, a copy of the opinion or short form order which contains a memorandum.
  2. The preargument statement must set forth:
    1. Title of the action;
    2. Full names of original parties and any change in the parties:
    3. Name, address and telephone number of counsel for appellant or petitioner;
    4. Name, address and telephone number of counsel for respondent;
    5. Court and county, or administrative body from which the appeal is taken;
    6. Nature and object of the cause of action or special proceeding (e.g., contract-personal services, sale of goods; tort — personal injury, automobile accident, malpractice, equity — specific performance, injunction, etc.);
    7. Result reached in the court or administrative body below; and
    8. Grounds for seeking reversal, annulment or modification.
      Where appropriate, the statement must indicate whether there is any related action or proceeding now pending in any court of this or any jurisdiction, and if so, the status of the case. If an additional appeal is pending in the same action, indicate the date of entry of the order or judgment and attach a copy of the notice of appeal of the preargument statement.
  3. The notice of appeal, or the order granting leave to appeal, or the order transferring the case to the Appellate Division shall be filed by the appellant in duplicate in the office where the judgment or order of the court of original instance is entered.
  4. The clerk of the court from which the appeal is taken shall promptly transmit to the Appellate Division the pre-argument statement and a copy of the notice of appeal or order granting leave or transferral.
  5. By order of the Court, counsel and the parties to the actions may be directed to attend a preargument conference before a judicial administrative officer or such other person as may be designated by the Appellate Division.
  6. Should a preargument conference not be scheduled within 20 days after the filing of a notice of appeal, any party to the appeal or Article 78 proceeding may apply to the Court to have such a conference.
  7. Within 10 days after an order directing a preargument conference has been entered, counsel for respondent must file with the court a counter preargument statement together with proof of service. The counter statement must set forth the extent to which respondent challenges the assertions made by appellant in the preargument statement. The statement also must include an explanation of grounds for granting the relief sought by respondent.
  8. Any attorney who, without good cause shown, fails to file the materials listed in subdivisions (a) or (g), fails to timely appear for a scheduled conference, fails to abide by the terms of a stipulation or order entered following a preargument conference or fails to demonstrate good faith during the preargument process shall be subject to such sanctions as justice of the court may direct.
  9. Upon the conclusion of the conference, if the parties have entered into a stipulation the Court shall file an order of approval.

Administration

 

27 Madison Avenue
New York, NY 10010

Tamar Finkelstein
Special Master
PHONE (212) 340-0548

Tracy Crump
Clerk, Special Master's Program
PHONE (212) 340-0513
FAX (212) .8-7989