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This entry was published on 2022-09-02
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SECTION 460.90
Filing of papers on appeal to the appellate division by electronic means
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE M, ARTICLE 460
* § 460.90 Filing of papers on appeal to the appellate division by

electronic means.

Notwithstanding any other provision of law, the appellate division in
each judicial department may promulgate rules authorizing a program in
the use of electronic means for the taking and perfection of appeals in
accordance with the provisions of section twenty-one hundred twelve of
the civil practice law and rules. Provided however, such rules shall not
require an unrepresented party or any attorney who furnishes a
certification specified in subparagraph (i) or (ii) of paragraph (c) of
subdivision two of section 10.40 of this chapter to take or perfect an
appeal by electronic means. Provided further, however, before
promulgating any such rules, the appellate division in each judicial
department shall consult with the chief administrator of the courts and
shall provide an opportunity for review and comment by all those who are
or would be affected including district attorneys; representatives of
the office of indigent legal services; not-for-profit legal service
providers; public defenders; statewide and local specialty bar
associations whose membership devotes a significant portion of their
practice to assigned criminal cases pursuant to subparagraph (i) of
paragraph (a) of subdivision three of section seven hundred twenty-two
of the county law; institutional providers of criminal defense services
and other members of the criminal defense bar; representatives of
victims' rights organizations; unaffiliated attorneys who regularly
appear in proceedings that are or would be affected by such electronic
filing program; interested members of the criminal justice community;
and any other persons in whose county a program has been implemented in
any of the courts therein as deemed to be appropriate by any appellate
division. To the extent practicable, rules promulgated by the appellate
division in each judicial department pursuant to this section shall be
uniform. For purposes of this section, "electronic means" shall be as
defined in subdivision (f) of rule twenty-one hundred three of such law
and rules.

* NB Repealed September 1, 2027