N.Y. Comp. Codes R. & Regs. Tit. 22 § 1250.12 - Transferred Proceedings
(a) Transferred CPLR Article 78
Proceedings. Unless otherwise directed by the court, a proceeding commenced
pursuant to CPLR article 78 and transferred to the Appellate Division pursuant
to CPLR 7804(g) shall be governed in the same manner as an appeal under this
Part, with the time to file the petitioner's brief measured from the date of
the order of transfer.
(b) Transferred Human Rights Law
Proceedings (Executive Law § 298).
(1) A proceeding under the Human Rights
Law which is transferred to the Appellate Division for disposition shall be
prosecuted upon the original record, which shall include:
(i) copies of all submissions
filed in the Supreme Court;
(ii) the decision of the Supreme Court,
or a statement that no decision was rendered;
(iii) the order of transfer;
and
(iv) the
original record before the State Division of Human Rights, including a copy of
the transcript of the public hearing.
(2) In all other respects
every proceeding so transferred shall be governed by this Part in the same
manner as an appeal, with the time to perfect measured from the date of the
order of transfer.
(3) In the event that the original
record that was before the State Division of Human Rights was not previously
submitted to the Supreme Court, the Division shall file the original record
with the Appellate Division within 45 days after entry of, or service upon it
of a copy of the order of transfer.
Notes
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