As a convenience to counsel, litigants, members of the press, and the public, the Appellate Division, Fourth Department permits the use of portable electronic devices such as cellular telephones, laptop and tablet computers, personal digital assistants, and similar devices as follows within the Court building:

(1) In the courtroom: Inaudible use of portable electronic devices that is not distracting or disruptive of Court operations is generally permitted in the courtroom. Counsel or a litigant arguing pro se may use personal electronic devices in the courtroom, without leave of the Court, during the oral argument for his or her case to refer to notes, briefs, or the record, and to take notes during the oral argument for his or her case. Under no circumstances may a portable electronic device be used to make or receive telephone calls within the courtroom, and all other uses of portable electronic devices within the courtroom must be inaudible.

(2) Outside the courtroom: Use of portable electronic devices is generally permitted within the Court building outside the courtroom.

(3) Photography and recording prohibited: No person may use any audiovisual recording equipment, including, but not limited to, portable electronic devices, for photography or audio or video recording, transmission, or broadcasting within the Court building without the prior express consent of the Presiding Justice, the Associate Justice then-presiding, or the Clerk of the Court (see 22 NYCRR 29.2).

(4) Permission may be revoked: Any use of a portable electronic device within the Court building is subject to the authority of the Presiding Justice, the Associate Justice then-presiding, the Clerk of the Court and/or court security to prohibit activity that may be disruptive or distracting to Court operations, or that may otherwise be contrary to the administration of justice.

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