How the Appellate Division First Department Interprets Filing Deadlines

How the Appellate Division First Department Interprets Filing Deadlines

How the Appellate Division First Department Interprets Filing Deadlines by Eric Larke

{2:20 minutes to read} The First Department’s filing deadlines are often confusing for appellants, partly because some of the rules appear to contradict each other. This is particularly vexing given the high stakes of appellate cases. Worse yet, losing an appeal due to missing a filing deadline could harm an attorney’s reputation and trigger a malpractice claim.

In the Appellate Division First Department, which is the appellate court that handles matters from New York County and Bronx County, the following two rules coexist:

  • 30-day rule: Pursuant to Section 600.5(d) of the New York State Rules of Court: “The record on appeal must be filed 30 days after the filing of the notice of appeal.”
  • 9-month rule: Pursuant to Section 600.11(a)(3) of the same rules: “The clerk will place no civil appeal or cause on the calendar where the necessary papers and briefs are not offered for filing within 9 months of the date of the notice of appeal from the judgment or order appealed from.”

There is an obvious conflict between how the 30-day and 9-month rules are written. However, the reality is the Appellate Division First Department will not dismiss an appeal for failure to perfect within 30 days absent an order of the court brought on by motion.

The 30-day rule does serve a purpose in the sense that adversaries can move to compel each other to perfect their appeals. In that event, the court will determine a deadline on the term calendar.

The filing deadline is just one example of how it is often the case that official rules and real life vary from one another. That is why relying on partners with practical experience is so valuable when perfecting an appeal. To see how Appellate Innovations can help, click here.

Eric R. Larke
APPELLATE INNOVATIONS

3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240

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