New York Court of Appeals — Part 500 Rules of Practice
Updated October 27, 2026
Courtwide
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
Collected from an official published rule text/index; no assertion that every provision is currently operative in every case. Preserve source version, amendments, waivers, specialized-section limits and applicable later orders.
Official source ↗ · Collected 2026-10-27
Motion practice
17 Calendar . (a) Notification of argument time and date. When the calendar has been prepared, the Clerk of the Court shall advise counsel by letter of the date and time assigned for oral argument. (b) Calendar preferences. A party seeking a preference shall address a letter to the Clerk of the Court, with proof of service of one copy on each other party. The letter shall state why a preference is needed, why an alternative remedy, such as review pursuant to section 500.11 of this Part or submission without argument, is not appropriate, and opposing counsel's position on the request.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§500.18 Oral Argument. (a) Argument time. Maximum argument time is 30 minutes per party, unless otherwise directed or permitted by the Court upon advance request by letter addressed to the Clerk of the Court with proof of service of one copy on each other party. In requesting argument time, counsel shall presume the Court's familiarity with the facts, procedural history and legal issues the appeal presents. The Court may assign time for argument that varies from a party's request and may determine that the appeal be submitted by any party or all parties without oral argument (see subsection 500.13[b] of this Part).
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§500.21 Motions - General Procedures . (a) Return date. Regardless whether the Court is in session, motions shall be returnable on a Monday or, if Monday is a legal holiday, the first business day of the week unless otherwise provided by statute, order to show cause or stipulation so ordered by a Judge of the Court. Motions shall be submitted without oral argument, unless the Court directs otherwise. No adjournments shall be permitted other than in those limited instances provided by statute (CPLR 321[c] and 1022).
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§ 500. 6 Developments Affecting Appeals, Certified Questions, Motions and Criminal Leave Applications. Counsel shall timely inform the Clerk's Office and each other party by letter of all developments affecting appeals, section 500.27 certified questions, motions and criminal leave applications pending in this Court, including contemplated and actual settlements, circumstances or facts that could render the matter moot and pertinent developments in applicable case law, statutes and regulations. For appeals, counsel shall also timely inform the Clerk's Office and each other party by letter of any changes in the status of any related litigation reported on the appellant's preliminary appeal statement or of any related litigation commenced after the filing of appellant's preliminary appeal statement. Such letters shall contain proof of service on each other party.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§ 500. 10 Examination of Subject Matter Jurisdiction. (a) On its own motion, the Court may examine its subject matter jurisdiction over an appeal based on the papers submitted in accordance with section 500.9 of this Part. The Clerk of the Court shall notify all parties by letter (Jurisdictional Inquiry) when an appeal has been selected for examination pursuant to this section, stating the jurisdictional concerns identified in reviewing the preliminary appeal statement and setting a due date for filing and service of comments in letter form (Jurisdictional Response) from all parties. Such examination shall result in dismissal or transfer of the appeal by the Court or in notification to the parties that the appeal shall proceed either under the review process described in section 500.11 of this Part or in the normal course, with or without oral argument. This examination of jurisdiction shall not preclude the Court from addressing any jurisdictional concerns at any time.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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500.23 Amicus Curiae Relief. Any nonparty other than the Attorney General seeking to file an amicus brief on an appeal, certified question or motion for leave to appeal must obtain permission by motion. Amicus curiae relief will be denied where acceptance of the amicus curiae submission may cause the recusal or disqualification of one or more Judges of the Court. Potential amici seeking information are encouraged to contact the Clerk's Office by telephone during business hours. Information on the briefing status of appeals and certified questions and appropriate return dates for amicus motions also is available on the Court's web site.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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500.25 Emergency Matters; Orders to Show Cause. A request for emergency relief pending the determination of an appeal or a motion for permission to appeal shall be brought on by order to show cause. The applicant shall contact the Clerk's Office in advance of the filing. The papers shall be filed as directed by the Clerk's Office. The order to show cause shall include telephone and facsimile numbers for each attorney and self-represented party, and a statement giving reasons for granting the request. If there is no pending appeal or motion for permission to appeal, the order to show cause shall bring on a motion for leave to appeal or be accompanied by a notice of appeal or a motion for permission to appeal complying with section 500.22 of this Part. There is no fee for filing an order to show cause. If a Judge signs an order to show cause bringing on a motion, movant shall pay the fee, if any, required by subsection 500.3(b) of this Part.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§ 500. 7 Post-Briefing, Post-Submission and Post-Argument Communications. Except for communications providing the information required by section 500.6 of this Part or those specifically requested by the Court, post-briefing, post-submission and post-argument written communications to the Court are not favored, and shall be returned to the sender unless accepted by the Clerk of the Court following a written request with a copy of the proposed submission and proof of service of one copy on each other party.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§ 500. 8 Withdrawal of Appeal, Motion or Criminal Leave Application. (a) Appeals. (1) Before argument or submission, an appeal shall be marked withdrawn upon receipt by the Clerk of the Court of a stipulation of withdrawal signed by counsel for all parties to the appeal and by all self-represented litigants and, in criminal appeals, additionally by defendant.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§ 500. 9 Preliminary Appeal Statement. (a) Within 10 days after an appeal is taken by (1) serving a notice of appeal on the adverse party and filing that notice of appeal in the place and manner required by CPLR 5515, (2) entry of an order granting a motion for leave to appeal in a civil case, or (3) issuance of a certificate granting leave to appeal in a criminal case, appellant shall file with the Clerk of the Court an original and one copy of a preliminary appeal statement on the form prescribed by the Court, with the required attachments and proof of service of one copy on each other party. No fee is required at the time of filing the preliminary appeal statement.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§ 500. 14 Records, Appendices and Exhibits in Normal Course Appeals. (a) Record material. Appellant shall supply the Court with record material in one of the following ways: (1) Appellant may subpoena the original file to this Court from the clerk of the court of original instance or other custodian, and submit original exhibits to be relied upon, and, in addition to the submission in digital format required by subsection (g) of this section, supplement these with an original and nine copies of an appendix conforming to subsection (b) of this section, with proof of service of three copies of the appendix on each other party. If appellant is represented by assigned counsel, or has established indigency, an oral or written request may be made of the Clerk of this Court to obtain the original file.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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§500.20 Criminal Leave Applications. (a) Letter application. In addition to the submission in digital format required by subsection 500.20(e) of this Part, 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, and shall be sent to the attention of the Clerk of the Court, with proof of service of one copy on the adverse party. The letter shall indicate:
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(f) Reargument or reconsideration. (1) In addition to the submission in digital format required by subsection 500.20(e) of this Part, requests for reargument or reconsideration shall be in letter form addressed to the Clerk of the Court, with proof of service on the adverse party, and shall be assigned to the Judge who ruled on the original application. Copies of the papers filed on the underlying leave application need not be filed. A request for reargument or reconsideration shall not be based on the assertion for the first time of new points, except for extraordinary and compelling reasons.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(b) Motions for permission to appeal. (1) Movant shall immediately contact the Clerk's Office by telephone upon receipt of the order from which movant seeks leave to appeal. (2) Movant shall immediately orally notify each other party of the motion.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(5) A disclosure statement pursuant to subsection 500.1(f) of this Part, if required. (6) Copies of the order or judgment sought to be appealed from with notice of entry, as well as copies of all relevant orders, opinions or memoranda rendered in the courts below. The papers shall state if no opinion was rendered.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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500.26 Primary Election Session Procedures. (a) Appeals as of right or by permission of the Appellate Division. (1) Appellant shall immediately contact the Clerk's Office by telephone upon receipt of the order from (2) Appellant shall immediately orally notify each other party of the appeal.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(f) Disclosure statement. All papers filed by or on behalf of a corporation or other business entity shall contain a disclosure statement listing all its parents, subsidiaries and affiliates, or state that no such parents, subsidiaries and affiliates exist.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(n) Filing of papers. All papers filed shall be addressed to the Clerk of the Court at 20 Eagle Street, Albany, New York 12207, not to a Judge or Judges of the Court, and shall be served on each other party in accordance with the requirements of this Part. Submissions shall only be filed by facsimile transmission, electronic mail, or other electronic transmission when requested by the Clerk of the Court or otherwise required by this Part.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(o) Acknowledgment of receipt of papers. A request for an acknowledgment of receipt of papers shall be accompanied by an additional copy of the papers filed to be stamped by the Clerk's Office and a self-addressed, postage pre-paid envelope. Parties proceeding as poor persons or requesting poor person relief shall comply with this requirement if acknowledgment of receipt of papers is desired.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(d) Unless otherwise permitted by the Clerk of the Court, companion digital filings required under sections 500.10 , 500.11 , 500.12 and 500.27 shall be received by the Clerk's Office no later than the filing due date for the printed filings. Companion digital filings required under sections 500.21 , 500.22 , 500.23 and 500.24 shall be submitted no later than seven days after the return date of the motion. Companion digital filings required under sections 500.20 and 500.26 shall be submitted within the time directed by the Clerk of the Court.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(e) A request to be relieved of the requirements of this Part to submit companion digital filings shall be by letter addressed to the Clerk of the Court, with proof of service of one copy on each other party, and shall specifically state the reasons why submission of companion digital filings would present an undue hardship. Such request shall be accompanied by unbound copies of the required printed filings.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(1) appellant demonstrates exemption from the fee requirements by statute or other authority; (2) other payment arrangements have been made with the Clerk of the Court; (3) the appeal is accompanied by a motion requesting poor person relief or a motion requesting relief from payment of the filing fee; or (4) appellant in the Court of Appeals provides a copy of an order issued by any court in the action or proceeding to which the appeal relates granting that party poor person relief, together with a sworn affidavit that the same financial circumstances exist at the time of filing in the Court of Appeals as when the order granting poor person relief was issued (b) Upon the filing of each motion or cross motion in a civil case pursuant to sections 500.21 through 500.24 or subsection 500.26(b) of this Part, movant shall provide the Clerk of the Court with the fee in the amount specified in CPLR 8022 in the form of an attorney's check, certified check, cashier's check or money order payable to "State of New York, Court of Appeals" unless:
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(d) To the extent possible, sensitive material, even if it is not subject to a statutory proscription against publication, shall be omitted or redacted from public documents. Information of this type includes, but is not limited to: social security, taxpayer identification or financial account numbers; full dates of birth; exact street addresses; e-mail addresses; telephone numbers; names of minor children; names of children's schools; names of employers; or other information that would identify a person whose identity should not be revealed (e.g., a victim of a sex crime).
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(1) file three copies of the intermediate appellate court record or appendix and three copies of each brief filed by each party in the intermediate appellate court. Original exhibits to be relied upon which are not in the record or appendix at the intermediate appellate court shall be filed or, if they are on file with the clerk of the trial court, subpoenaed to this Court and the Court so advised by letter. Such exhibits shall be clearly identified and, where appropriate, their authenticity shall be certified or stipulated to;
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(3) include as part of its submission a disclosure statement pursuant to subsection 500.1(f) of this Part, if necessary; (4) file proof of service of one copy of its arguments on each other party; and (5) remit the fee, if any, required by subsection 500.3(a) of this Part.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(d) Respondent's filing. In addition to the submission in digital format required by subsection (k) of this section, within 20 days after service of appellant's submission, respondent shall file an original and two copies of a letter stating its arguments in support of its position on the merits. If respondent objects to review pursuant to this section, the letter shall also explain that position. Respondent shall include in its submission a disclosure statement pursuant to subsection 500.1(f) of this Part, if necessary, and file proof of service of one copy of its arguments on each other party.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(e) Appellant's reply. A reply is not permitted unless authorized by the Court upon request of the appellant, which shall accompany the proposed filing, or on the Court's own motion. (f) Abandonment of arguments. A party shall be deemed to have abandoned any argument made in the intermediate appellate court briefs not addressed or reserved in the letter submission to this Court.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(k) Companion submission in digital format. Each appellant, respondent and amicus curiae shall submit in digital format its letter stating its position on the merits or its amicus curiae argument. The letter in digital format shall be identical to the filed original printed letter, except it need not contain an original signature. Appellant shall also submit in digital format each brief filed by each party in the intermediate appellate court, the intermediate appellate court record or appendix, and original exhibits to be relied upon that are not in the record or appendix at the intermediate appellate court. All material submitted under this section shall comply with the technical specifications and instructions for submission available from the Clerk's Office. Unless otherwise permitted by the Clerk of the Court, letters, intermediate appellate court briefs and records or appendices in digital format shall be received by the Clerk's Office no later than the filing due date for the printed materials.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(l) All submissions under this section shall comply with the requirements of section 500.5 of this Part regarding sealing and redaction. (m) Word and page limits. Submissions pursuant to subsections (c)(2), (d) and (j) of this section and subsection 500.23 (a)(2) of this Part shall not exceed 7,000 words if prepared by a word-processing system and shall not exceed 20 pages if typewritten or handwritten. The person whose signature appears on a submission prepared by a word-processing system shall certify the total word count for the text of the submission. The certification may rely on the word count of the word-processing system used to prepare the submission. The word and page limits of this subsection apply to the body of the submission and are exclusive of the information required by subsection 500.1(f) of this Part and subsection (h) of this section.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(b) Brief covers. Brief covers shall be white and shall contain the caption of the case and name, address, telephone number, and facsimile number of counsel or self-represented litigant and the party on whose behalf the brief is submitted, and the date on which the brief was completed. In the upper right corner, the brief cover shall indicate whether the party proposes to submit the brief without oral argument or, if argument time is requested, the amount of time requested and the name of the person who will present oral argument (see section 500.18 of this Part). If a time request does not appear on the brief, generally no more than 10 minutes will be assigned. The Court will determine the argument time, if any, to be assigned to each party. Plastic covers shall not be used.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(4) Oversized briefs. An application for permission to file an oversized brief shall be by letter addressed to the Clerk of the Court, with proof of service of one copy on each other party, stating the number of additional words or pages requested, demonstrating with specificity good cause for the oversized brief and asserting that the brief has been edited for conciseness and to eliminate repetition. The letter shall be received by the Clerk's Office at least ten days before the brief is due to be filed.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(h) All submissions under this section shall comply with the requirements of section 500.5 of this Part regarding sealing and redaction. § 500. 15 Extensions of Time. The Clerk of the Court is authorized to grant, for good cause shown, a reasonable extension of time for filing papers on an appeal. A request for an extension may be made by telephone call to the Clerk's Office. The party requesting an extension shall advise the Clerk of the Court of the position of each other party with regard to the request. A party granted an extension shall file a confirmation letter, with proof of service of one copy on each other party, unless the Clerk's Office has notified all parties in writing of the determination of the request.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(c) Notification of unavailability. Counsel have a continuing obligation to notify the Clerk's Office of days of known or possible unavailability for oral argument during the Court's scheduled sessions. (d) Adjournments. Requests for adjournment of a calendared appeal are not favored. A party seeking an adjournment shall address a letter to the Clerk of the Court, with proof of service of one copy on each other party. The letter shall state in detail why the adjournment is necessary, and why submission on the brief filed or having substitute counsel argue are not viable alternatives, and opposing counsel's position on the request.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(1) the names of all codefendants in the trial court, if any, and the status of their appeals, if known; (2) that no application for the same relief has been addressed to a justice of the Appellate Division, as only one (3) whether an oral hearing on the application, in person or by telephone conference call, is requested; and (4) the grounds upon which leave to appeal is sought. Particular written attention shall be given to reviewability and preservation of error, identifying and reproducing the particular portions of the record where the questions sought to be reviewed are raised and preserved.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(d) Additional and Responding Submissions. After the application is assigned to a Judge for review, the applicant will be given an opportunity to serve and file additional submissions, if any, and the adverse party will be given an opportunity to respond. A reply is not permitted unless authorized by the assigned Judge. In addition to the submission in digital format required by subsection 500.20(e) of this Part, hard copy additional and responding submissions shall be addressed to 20 Eagle Street, Albany, New York 12207, and shall be sent to the attention of the assigned Judge, with proof of service of one copy on the adverse party.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(4) When the motion is served by facsimile transmission, movant shall comply with CPLR 2103(b)(5), and give at least eight days' notice. (c) Filing. unless otherwise permitted by the Court or Clerk of the Court, movant shall file its motion, with proof of service on each other party, at Court of Appeals Hall no later than noon on the Friday preceding the return date. On or before the return date of the motion, respondent may file papers in opposition to the motion, with proof of service on each other party. Submissions shall not be filed by facsimile transmission or electronic mail, or other electronic transmission except when requested by the Clerk of the Court or otherwise permitted by this Part. The Court's motion practice does not permit the filing of reply briefs and memoranda. A request for permission to file papers after the return date of the motion is governed by section 500.7 of this Part.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(b) The certifying court shall prepare a certificate which shall contain the caption of the case, a statement of facts setting forth the nature of the case and the circumstances out of which the questions of New York law arise, and the questions of New York law, not controlled by precedent, that may be determinative, together with a statement as to why the issue should be addressed in the Court of Appeals at this time.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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(e) If the certification is accepted, the Clerk of the Court shall request any additional papers the Court requires for its review. The Clerk of the Court shall notify the parties of the time periods for filing of printed briefs and briefs in digital format, if any, and calendaring of argument, if any, directed by the Court.
New York State Court of Appeals proceedings only; not federal appeals or Appellate Division proceedings.
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