SPECIAL RULE FOR APPLICATIONS FOR LEAVE TO APPEAL TO THIS COURT.

Applications to a justice of the Appellate Division of the Second Judicial Department, under section 1344 of the Code of (ivil Procedure, for the allowance of an appeal to be taken to such Appellate Division from the determination of the justices designated to hear appeals from the Municipal Courts of the Boroughs of Brooklyn, Queens and Richmond, may be made upon any motion day within two months after such determination, unless the determination is made within two months of the last motion day prior to the first day of July, in which case they may be made on the first motion day in the September term, and must be upon notice of two days to the opposite party or parties, and a note of issue filed, and the same put upon the calendar of motions in the manner provided by Rule VI of Calendar Practice Rules of the Appellate Division of the Second Jacial Department relating to the hearing of motions.

The papers upon which such application is made must contain a copy of the opinion of the justices below, if any; a copy of the record in the court below, a concise statement of the grounds of alleged error, and proof of due service of the papers pon which the application is founded. Upon the calling of the Motion Calendar such applications must be submitted without argument. Before such application can be entertained it must frst have been made to the justices by whom the determination was made, in the manner provided by Rule IX of the Appellate Term of the Supreme Court in the Second Judicial Department, and have been by them denied. If the appeal be allowed the papers must be printed and placed upon the calendar as provided by Rule 41 of the General Rules of Practice. (Added December 11, 1914.)

Appeals from orders and compensation appeals.-Appeals from orders shall be put upon the non-enumerated calendar. Appeals in compensation cases shall be put upon the compensation appeals calendar immediately following the non-enumerated alendar. The argument of both such classes of cases will be beard only upon the first day of a term and the days immediately following, until they shall all be disposed of, before the general calendar shall be taken up. But submission of such appeals will be received on any day during the term.

Appeals from orders and compensation appeals which are not on the calendar when printed, may, after papers have been fled and served in compliance with General Rule No. 41, be added thereto upon filing a note of issue with the clerk five days before argument, and be noticed for argument for any Tuesday of the term upon the usual notice of eight days.

The argument of a case on the general calendar will not be required in any case before Wednesday of the first week. Amended, 1916.)

RULE II.

Original motions.-Original motions in this court may be noticed for the first day of a term, or for the Tuesday of any subsequent week of the term. (Amended, 1916.)

RULE III.

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 IV.

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 V.

Day calendar.- The clerk shall prepare at 1 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 on the then day calendar, taken from the general calendar in their order thereon, subject to the provisions of Rule 6. Causes not disposed of on any day shall be placed at the head of the calendar for the next day until disposed of.

RULE VI.

Day calendar; how made up; when cause passed.- Excepting the first twenty causes on the general calendar, no cause shall be placed upon the day calendar unless written notice is served on the clerk, by the attorney on one side or the other, that such cause is intended to be moved when called in its regular order, or unless it has been reserved for that day, by stipulation filed with the clerk. None of the first twenty causes on the general calendar shall be reserved by stipulation without consent of the court, upon application made on the first day of the term, and any cause not placed on the day calendar in its order on the general calendar, will be regarded as passed for the term unless put over, or reserved as above provided.

RULE VII.

Exchange of cases.- Causes must be argued when reached on the calendar. No exchange of cases will be allowed, unless both cases are ready for argument, and counsel intend to argue them at the same term at which the exchange be made, and when causes are exchanged each shall occupy the proper position of the other in date, on the same and every other subsequent calendar, until beard. A preferred cause exchanged for one not preferred, or set down for a particular day, shall lose its preference; and no case will be called more than once during the same term; unless it stall have been reserved or postponed with the consent of the Court. RULE VIII.

Submission. If both parties desire to submit, they may do so at any time during the term by delivering to the clerk the cases and points required by General Rule 43, and either party may submit his points when the case is called, if the other party desires to argue orally on his part.

RULE IX.

Papers, etc., to be included in points.- The appellant, in additim to the statement required by Rule 41, shall prefix to his points a brief statement, showing in what court or before what officer or tribunal the action or proceeding was instituted, the relief sought, the defense or ground of opposition thereto, the result in the court or before the officer or tribunal in which the action or proceeding was commenced, and how the cause was brought into this Court. If any opinion written in the case has been previously reported, he shall also state where it was so reported. If any opinion has been written which has not been reported, the party whose duty it is to furnish the papers shall submit a printed copy of such opinion to the Court either in the record or with his brief.

RULE X.

Indorsement of papers.-The counsel who argue a case shall indorse on the papers delivered to the justices their names and places of residence.

Every cause shall be deemed to be submitted to any justice, qualified to sit therein, who may be absent at the time of the argument, unless objection to such submission by counsel arguing sach cause be then made.

RULE XI.

Motions for reargument.- Motions for reargument will only be heard on notice to the adverse party, stating briefly the round upon which a reargument is asked, and such motion must be submitted on printed briefs stating concisely the points supposed to have been overlooked or misapprehended by the Court with proper reference to the particular portion of the case, And the authorities relied upon.

RULE XII.

Cause passed; how entered on subsequent calendars.- If a cause is passed without being reserved, or put over by consent of the Court, it shall be entered on all subsequent calendars as of the date when passed, and the party placing it on the calendar for a subsequent term, must state in his note of issue the date when it was passed. If he omits to do so, whereby the cause retains its priority on the calendar, the Court, on the application of the adverse party, or on its own motion, may strike the cause from the calendar.

RULE XIII.

Term of Supreme Court designated to be held on holiday.— Whenever a Trial Term or Special Term of the Supreme Court, in this department, shall be designated to be held or opened on a day which is provided by law to be observed as a legal holiday, such Court shall be opened and held on the next succeeding secular day.

RULE XIV.

Copies of briefs.-At least twenty days before a term of the Appellate Division at which a cause may be noticed for argument, the appellant, or relator, shall serve upon the attorney for the respondent three printed copies of his brief upon which he intends to rely upon the argument, with a reference to all the authorities which he intends to cite to the Court. At least eight days before said term the respondent shall serve upon the attorney for the appellant, or relator, three printed copies of his brief with a reference to all the authorities which he intends to cite to the Court. If the appellant, or relator, desires to present a brief in reply he may serve the same upon the attorney for the respondent at least three days before said term. Service under this rule may be made either personally or by mail, but service by mail shall not extend the time within which the answering brief may be served. This rule shall not apply to appeals from orders upon non-enumerated motions, nor to causes in which the time to file papers on appeal shall, under General Rule 41, expire within twenty days of the commencement of a term.

RULE XV.

Application of candidates for admission to the Bar.- Candidates for admission to the Bar may be sworn in at the opening of the Court on any Thursday of the term, providing the necessary papers therefor shall have been filed with the clerk of the Court on or before the Tuesday preceding.

An applicant for admission must present a certificate to this Court signed by two members of the Committee on Character and Fitness before one of whom he must appear personally. At the time of such appearance he must present to such member of the committee his certificate of the State Board of Law Examiners, and the affidavits of two practicing attorneys residing in the same Judicial District, as provided by Rule 1 of the General Rules of Practice. Such certificate of the Committee on Character and

Fitness, together with the certificate of the State Board of Law Examiners, and the affidavits as to character and fitness, shall be fled with the clerk of this Court.

NOTE-The Trial Justices of this Department constitute the Committee on Character and Fitness for their respective Judicial

Districts.

RULE XVI.

Appeal; case; resettlement; omission of evidence.- By General Zale 34, as amended, said amendment taking effect November 1, 1913, it is provided that "if a case or bill of exceptions does not conform to this rule the Court before which the same shall be rought for review may order the same back for resettlement." accordance with the discretionary power thereby vested in the diferent departments, the Appellate Division of the Third Department announces that a case, brought before said Appellate Division on appeal, will not be ordered back for resettlement There, upon the approval of the Trial Judge or Referee, evidence &mitted bearing upon any issue of fact the determination of hich issue of fact the appellant stipulates, upon serving a proposed case, he will not seek to review upon the appeal.

TO ATTORNEYS.

A printed copy of the Appeal Papers shall be filed in the office of the Clerk of the Appellate Division within twenty days after an Appeal has been taken, etc. The copy so filed shall be certid by the proper clerk, or be stipulated by the parties to be tre copies of the original. (Rule 41, General Rules of Practice.) This shall be done before an Appeal shall be placed upon the Calendar. (Sec. 1353, Code Civ. Pro.)

Attorneys should also notice that Rule 41 requires three copies f the Appeal Papers to be served within the same time upon the posite party.

Notes of issue shall be filed in the Clerk's office eight days fore the commencement of the court at which the cause may noticed. (Rule 39, General Rules of Practice.)

Notes of issue shall specify whether the Appeal is to be placed on the non-enumerated or general calendar, and where a preferis desired, the note of issue must state the claim for preferas provided in section 793 of the Code, and indicate the class which it belongs. (Rules 1 and 3, Third Dept.)

Attention is also called to Special Rule 6 of this department, quiring notice to the clerk if a party desires the case put upon Day Calendar when reached in its order upon the General alendar.

Thirteen (13) copies of the Appeal Papers and points must be livered to the Clerk before the commencement of the argument.