(a) After the local criminal court has, pursuant to paragraph (d) of
subdivision three of section 460.10, filed its return with the clerk of
the appellate court and delivered a copy thereof to the appellant, the
appellant must file with such clerk, and serve a copy thereof upon the
respondent, a notice of argument, noticing the appeal for argument at
the term of such appellate court immediately following the term being
held at the time of the appellant's receipt of the return. Upon motion
of the appellant, however, such appellate court may for good cause shown
enlarge the time to a subsequent term, in which case the appellant must
notice the appeal for argument at such subsequent term;
(b) The appellant must further comply with all court rules applicable
to the mode of perfecting such appeals;
(c) If the appellant does not file a notice of argument as provided in
paragraph (a) or does not comply with all applicable court rules as
provided in paragraph (b), the appellate court may, either upon motion
of the respondent or upon its own motion, dismiss the appeal.
3. The mode of and time for perfecting any appeal which has been taken
to the court of appeals are determined by the rules of the court of
appeals. Among the matters to be determined by such court rules are the
times when the appeal must be noticed for and brought to argument, the
content, form and number of the records and briefs and copies thereof to
be served and filed, and the times when such records and briefs must be
served and filed.
When an appeal is taken by a defendant pursuant to section 450.70, the
defendant shall cause to be prepared and printed or otherwise duplicated
pursuant to rules of the court of appeals the record on appeal and the
required number of copies thereof. If the defendant is granted
permission to appeal as a poor person, the expense thereof shall be a
state charge payable out of funds appropriated to the office of court
administration for that purpose.
Structure New York Laws
Part 2 - The Principal Proceedings
Title M - Proceedings After Judgment
Article 460 - Appeals--Taking and Perfection Thereof and Stays During Pendency Thereof
460.15 - Certificate Granting Leave to Appeal to Intermediate Appellate Court.
460.20 - Certificate Granting Leave to Appeal to Court of Appeals.
460.30 - Extension of Time for Taking Appeal.
460.40 - Effect of Taking of Appeal Upon Judgment or Order of Courts Below; When Stayed.
460.50 - Stay of Judgment Pending Appeal to Intermediate Appellate Court.
460.60 - Stay of Judgment Pending Appeal to Court of Appeals From Intermediate Appellate Court.
460.70 - Appeal; How Perfected.
460.80 - Appeal; Argument and Submission Thereof.
460.90 - Filing of Papers on Appeal to the Appellate Division by Electronic Means.