First Department Rule [22 NYCRR] §600.1(c), a somewhat murky and obtuse rule of practice in the Appellate Division, First Department, has recently been covered in an article in the Law Journal (“PBA Invokes Obscure Rule to Win New Panel Hearing,” Jan. 30, 2014).
The rule provides that: “When a cause is argued or submitted to the court with four justices present, it shall, whenever necessary, be deemed submitted also to any other duly qualified justice of the court, unless objection is noted at the time of argument or submission.”
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