N.Y. Comp. Codes R. & Regs. Tit. 22 § 1250.3 - Initial Filings; Active Management of Causes; Settlement or Mediation Program
(a) Initial Filings. Unless the court
shall direct otherwise, in all civil matters counsel for the appellant or the
petitioner shall file with the clerk of the court of original instance and
serve on all parties, together with the notice of appeal or transfer order and
the order or judgment appealed from, an initial informational statement on a
form approved by the court and in such number as the court may direct. The
clerk of the court from which the appeal is taken shall promptly transmit to
the Appellate Division the informational statement and a copy of the notice of
appeal or order granting leave or transferal and the order or judgment appealed
from.
(b) Active
Management. The court may direct that any matter be actively managed and may
set forth a scheduling order specifying the time and manner of expedited
briefing.
(c)
Settlement or Mediation Program.
(1) The court may issue a notice in any
settlement or mediation program directing the attorneys for the parties, the
parties themselves (unless the court excuses a party's personal presence), and
such additional parties in interest as the court may direct to attend a
conference before such person as it may designate to consider settlement, the
limitation of issues and any other matter that such person determines may aid
in the disposition of the appeal or resolution of the action or proceeding.
Attorneys and representatives who appear must be fully familiar with the action
or proceeding, and must be authorized to make binding stipulations or
commitments on behalf of the party represented.
(2) Counsel to any party may
apply to the court by letter at any time requesting such a conference. The
application shall include a brief statement indicating why a conference would
be appropriate.
(3)
Upon the failure of any party, representative or counsel to appear for or
participate in a settlement or mediation conference, or to comply with the
terms of a stipulation or order entered following such a conference, the party
or counsel may be subject to sanctions.
Notes
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