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Counsel having cases on two day calendars; admission; naturalization

Counsel having cases on same day calendar in First and

Second Departments In the event of counsel having cases upon the day calendars of the Appellate Divisions of the First and Second Departments on the same day such counsel shall attend the court in that department in which his case stands nearest the head of such day calendar; and his case upon the calendar of the other department will be held until the argument of the case is finished in the department in which he is first required to attend.

In the event of counsel having cases upon each of the day calendars of the said departments upon the same day, which stand equally distant from the heads of the respective day calendars, such counsel shall attend court in the First Department.

Rule relating to the admission of attorneys in the Second

Department Notice of the time of application for admission as attorneys by those who have passed the examination prescribed by the rules of the Court of Appeals, will be published in the “Law Journal,” at which time applicants must file with the clerk the papers enumerated in Rule 1 of the General Rules of Practice, and appear per-sonally before the Committee on Character to furnish such information as the committee may desire from them.

Rules regulating the procedure upon applications for natural

ization in the Supreme Court, in the Second Department

All applications of aliens to become citizens of the United States must be heard at the various Special Terms as directed and indicated in the assignment of justices for holding such terms.

If the applicant fail to appear at the time and place

Appeals from Municipal Court

specified in such application, the application will be dismissed without prejudice to a fresh application.

If he appear and for any reason the hearing is not completed upon the stated day aforesaid, the court may complete such hearing and take final action upon any subsequent day to which the matter shall be publicly adjourned by the direction of the justice presiding. (As amended Dec. 10, 1909.)

Appeals from the Municipal Court All appeals from judgments rendered in the Municipal Court of the city of New York, in districts embraced within the Second Judicial Department, will be heard by the Appellate Division of the Supreme Court for said department. No special calendar of such appeals will hereafter be made up, but they will be placed upon the general calendar of enumerated cases according to the date of the appeal, and will be treated in all respects not herein specially provided for like other appeals to the Appellate Division from courts other than the Supreme Court. Either party may bring such an appeal on for hearing by a notice of argument, served at least eight days prior to the beginning of the term. Upon the return day of said notice the respondent may, upon the default of his adversary, take a judgment of affirmance or an order dismissing the appeal as the justice of the case may require; and it shall not be necessary to make a special motion for the dismissal of an appeal, except for failure to file the return. In case of a failure of any justice of the Municipal Court to make return to this court, as required by section 317 of chapter 580, Laws of 1902, it shall be the duty of the appellant forthwith to apply to this court, under the provisions of sections 3055 and 3056, to compel such return.

The appeal shall be heard upon the original return or

Sales of real estate; Kings County

a certified copy thereof, and each party shall file five copies of any brief or points which he may desire to submit at least one day before the argument. (In effect Feb. 1, 1905.)

Sales of real estate, Kings County All referees or officers hereafter making sale of real estate, situate in the county of Kings, or of an interest or estate therein, pursuant to any judgment, decree, order or direction of the court, shall, in addition to complying with the requirements of section 1678 of the Code, cause to be published with the notice of sale, a diagram of the property to be sold or in which an interest is to be sold, showing the street or avenue upon which such property is located, its street or avenue number, if any, and specifying the number of feet to the nearest cross street or avenue, and also, where such sale is made to satisfy any lien or charge upon the real property sold, the approximate amount of such lien or charge shall be stated in a note annexed to such notice of sale; and where there are taxes, assessments, or other liens upon the said property which are to be allowed to the purchaser out of the purchase money, or which are to be paid by the referee, the referee or officer making such sale shall also state, at the foot of such notice, the approximate amount of such charge or lien.

An unintentional error, however, in such diagram or in the amount of the lien or charge for which the property shall be sold, or the amount of such taxes or other lien to be allowed to the purchaser upon the sale, shall not invalidate the sale nor authorize the court to relieve the purchaser or to order a new sale.

APPELLATE DIVISION RULES

THIRD DEPARTMENT

(Amended to Oct. 1, 1910)

RULE 1. Appeals from orders, when heard.

2. Disposition of non-enumerated motions and appeals from orders.
3. Preferred causes.
4. Appeals in criminal cases.
5. Day calendar.
6. Day calendar, how made up; when cause passed.
7. Exchange of cases.
8. Submission.
9. Papers, etc., to be included in points.
10. Indorsement of papers.
11. Motions for reargument.
12. Cause passed, how entered on subsequent calendars.
13. Term of Supreme Court designated to be held on holiday.
14. Copies of briefs.
15. Admission to the bar.

Rule 1. Appeals from orders, when heard Appeals from orders to be heard as non-enumerated motions may, after papers have been filed and served in compliance with General Rule 41, be noticed for argument for any motion day, and be placed upon the nonenumerated calendar, upon the attorney or party intending to move such appeal for argument filing with the clerk a note of issue, specifying the date of the service of the notice of appeal, and stating that the case is to be put upon the non-enumerated calendar. Such appeals, and also motions, will be heard at the opening of the court or upon any succeeding Tuesday during the term. Rule 2. Disposition of non-enumerated motions and appeals

from orders If all non-enumerated motions and appeals from orders which are ready for hearing on the first day of the term

Preferred causes; criminal cases; day calendar

Rules 3-5

shall not be heard upon that day, the hearing of them will be continued from day to day until they shall all be disposed of before the general calendar shall be taken up, unless otherwise ordered by the court.

Rule 3. Preferred causes

A party who desires to have a cause heard as a preferred cause must in his note of issue state his claim for preference as provided in section 793 of the Code, or if an order giving the cause a preference has been made under that section, the note of issue must be accompanied with a copy of such order. The clerk, in making up the calendar, shall place such preferred causes at the head of the general calendar, indicating that they are preferred, and the class to which they belong.

Rule 4. Appeals in criminal cases

Appeals in criminal cases, brought after making up the calendar, or too late to be placed thereon, may be put upon the calendar at any time and brought to a hearing as preferred cases upon a notice of ten days to the adverse party, as provided by section 535 of the Criminal Code. A note of issue, with a statement of the day on which the cause is noticed to be heard, must be filed with the clerk at least five days before such date. The clerk shall place such causes on the calendar for the day for which they are so noticed, or upon which the cause shall be ordered by the court, or stipulated by the parties to be heard.

Rule 5. Day calendar The clerk shall prepare at one o'clock p. m. of each day for the next day a calendar of such number of causes as the court shall direct, including those undisposed of

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