Reargument of appeal; motion and criteria for

§ 470.50 Reargument of appeal; motion and criteria for.

1. After its determination of an appeal taken pursuant to article
four hundred fifty, an appellate court, in the interest of justice and
for good cause shown, may in its discretion, upon motion of a party
adversely affected by its determination, or upon its own motion, order a
reargument or reconsideration of the appeal. Upon such an order the
court may either direct further oral argument by the parties or confine
its reconsideration to re-examination of the issues as previously argued
or submitted upon the appeal proper. Upon ordering a reargument or
reconsideration of an appeal, the court must again determine the appeal
pursuant to the provisions of this article.

2. The court of appeals may promulgate rules limiting the time within
which a motion for reargument of appeals determined by such court may be
made, and the appellate division of each department may similarly
promulgate such rules with respect to appeals determined by such
appellate division and appeals determined by the other intermediate
appellate courts located within such department. In the absence of any
such rule of limitation, a motion for reargument may be made at any
time.