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(3) Each respondent shall serve a hard copy, and shall file a hard copy and a digital copy,
of an answer or other lawful response, the record before the respondent, the transcript of the
hearing, if any, and the determination and findings of the respondent.

(c) Briefing and Original Record in Original Special Proceedings.

(1) In the following original special proceedings commenced in the First and Second
Judicial Departments, the petitioner shall file an original, five copies and a digital copy of a brief,
with proof of service of one hard copy of the brief upon each other party to the proceeding,
within six months of the date of service of the answer:

(i) Eminent Domain Procedure Law § 207;
(ii) Public Service Law §§ 128 or 170;
(iii) Labor Law §§ 220 or 220-b;
(iv) Public Officers Law § 36; and
(v) Real Property Tax Law § 1218.

In all other special proceedings commenced in the First and Second Judicial
Departments, further briefing shall not be required, and the court shall determine the matter on
the original submissions.

(2) In all original special proceedings filed in the Third and Fourth Judicial Departments,
the petitioner shall file an original, five hard copies and one digital copy of the petitioner’s brief,
with proof of service of one hard copy of the brief upon each other party to the proceeding within
six months of the date of service of the answer, or pursuant to such briefing schedule that the
court may issue.

(3) In original special proceedings where briefing is required, the respondent to the
petition shall file within 30 days of the date of service of the petitioner’s brief, or, in the First
Judicial Department, in accordance with the court’s published terms calendar, an original, five
hard copies and one digital copy of the respondent’s brief, with proof of service of one hard copy
of the brief upon each other party to the proceeding. Not more than ten days after service of the
respondent’s brief, or, in the First Judicial Department, in accordance with the court’s published
terms calendar, the petitioner may file an original, five hard copies and one digital copy of the
petitioner’s reply brief, if any.

(4) In original special proceedings where briefing is required, the period of time within
which to file the petitioner’s brief or respondent’s brief may be extended in the manner provided
for the extension of time to perfect and appeal or to file and serve responsive briefs set forth in
sections 1250.9(b) and 1250.9(g) of this Part.

(5) All original special proceedings will be heard upon the original record, which shall
include: (A) the notice of petition or order to show cause and petition; (B) the original record
before the respondent, including a copy of the transcript of the hearing, if any; and (C) the
determination and findings of the respondents.

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