Monday, October 27, 2014

New York Appellate Court Creates New Rule for Criminal Appeals

New York State's Appellate Division of the Supreme Court, Third Department, recently amended its Rules to add a provision specifically addressed to dormant criminal appeals.

Rule 800.14′s new paragraph (j) (Abandonment of Appeals) declares that a criminal appeal is deemed to have been abandoned – notwithstanding the provisions of paragraphs (b) and (c) of 800.14 pertaining to enlargements of time – when the appellant has not sought poor person relief or has failed to serve his/her brief-appendix within 24 months after the date of the Notice of Appeal.

The Clerk’s Office will not accept any brief or appendix received after the 24-months mark “unless directed to do so by order of the court”, which “shall be granted only pursuant to a motion on notice supported by an affidavit setting forth a reasonable excuse for the delay.”

For more on the new rule, click here.