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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 22. Judiciary |
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Subtitle B. Courts |
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Chapter I. Court of Appeals |
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Subchapter A. Rules of Practice |
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Part 500. Rules of Practice |
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Appeals |
Sec. 500.16. Failure to proceed or file papers
Latest version.
- (a) Dismissal of appeal.If appellant has not filed and served the papers required by section 500.11, 500.12 or 500.26(a) of this Part within the time set by the clerk's office or otherwise prescribed by this Part, the clerk of the court shall enter an order dismissing the appeal.(b) Preclusion.If respondent has not filed and served the papers required by section 500.11, 500.12 or 500.26(a) of this Part within the time set by the clerk's office or otherwise prescribed by this Part, the clerk of the court shall enter an order precluding respondent's filing.(c) Judicial review.A party may seek judicial review of dismissal and preclusion orders entered pursuant to subdivisions (a) and (b) of this section by motion on notice in accordance with section 500.21 of this Part.