Our Blog

{1 minute to read}  A great time was had by all at the New Rochelle Bar Association Centennial Celebration & Annual Court of Appeals Dinner held on May 25, 2022, at the VIP Country Club in New Rochelle. Chief Justice Janet DiFiore and her fellow…

Cross appeals and concurrent appeals present unique circumstances that require consideration and planning by counsel from the outset of taking an appeal.

A cross-appeal occurs when two or more notices of appeal are filed in connection with the same order or judgment by parties whose interests are opposed. Whereas, in a concurrent appeal, two or more parties file notices of appeal as to the same order or judgment but their interests are not conflicting as to the issues on appeal.

{1 minute to read} It may not feel like it yet, but summer is just around the corner, and with it comes the First Department’s summer recess. While temperatures are rising, the Court’s recess puts your appeal on ice! The 2022 June Term deadline to…

{7 minutes to read} We wish you, your family, and your colleagues a very happy and healthy New Year. As we look back on 2021 and forward to 2022, we are grateful for the opportunity to work with you on your appeals. We know there…

(6 minutes to read)  Amendments to the Federal Rules of Appellate Procedure (FRAP) took effect on December 1, 2021. The changes affect Appellate Rules 3 and consequently Rule 6 and Forms 1 and 2. Please see House Document 117-30 for the full language of the…

(1 minute to read)  Starting January 1, 2022, the First Department is putting forth a pilot program reducing the time to perfect interlocutory appeals arising from discovery disputes in the Commercial Division of the Supreme Court (New York & Bronx Counties). Those appeals that fall…

(1 minute to read) Appellate Innovations was honored to sponsor this year’s OAD event as a part of our Pro Bono program. We encourage all to support their important work. Click here to learn more.  Appellate Innovations at the OAD’s 2021 First Monday Event –…

 (2.5 minutes to read)  On July 19, 2021, the Supreme Court of the United States rescinded its prior COVID-19 related orders of March 19, 2020, and April 15, 2020. Modification to Paper Filing Requirement For covered documents filed on or after September 1, 2021, the…

Resumption of Paper Copies Requirement (1.5 minutes to read)  Effective July 6, 2021, the Court has resumed the requirement of six paper copies of each brief to be submitted in each appeal at the time the brief is electronically filed. Additionally, a party represented by…

FILING FEES

Effective immediately, The Appellate Division, Second Department has implemented a new protocol for filing fees in non-NYSCEF filed appeals.

If payment is not received within 7 days of processing of the record and brief, the Court will email the appellant to advise that payment has not been received. A copy will be sent to the adversary(s). At that point, the appellant will be put on notice that if payment is not received within 7 days of the Court’s email notification, the matter will be subject to dismissal without further notice.

 (2 minutes to read) Today, I would like to talk about the most recent update released June 25, 2021, by the Appellate Division, First Department. The highlight of the update is that starting with the September 2021 term, in addition to electronic filing, attorneys…

(1.5 minutes to read)  Chief Judge Janet DiFiore recently announced that courthouses across New York State are looking forward to the complete return of judges and court staff by May 24th, 2021. She explained how both the court leadership team and administrative judges are in…

(2.5 minutes to read)   A few weeks ago, the Future Trials Working Group of the Commission to Reimagine the Future of New York Courts released a report. Here, the Working Group made recommendations as to how trials would be conducted in the upcoming months and…

(1 minute to read)  The Unified Court System announced that beginning on April 1st, 2021, it will no longer pay the service fee for credit card transactions entered by Court users. The Court System explained that it would be implementing this change due to its…

(1 minute to read)  Recently, the Appellate Division, First Department announced Spring Term operation updates. Additionally, the Court specified that since it plans on resuming in-person oral arguments on Wednesdays, it would also continue administering its online oral argument survey. The Court specified that all…

Virtual Bench Trial Guidelines Released by the NY State Unified Court System (2 minutes to read)  A few weeks ago, Chief Judge Janet DiFiore released a message on the New York State Unified Court System’s website where she provided recent developments pertaining to the courts…

The New York Chief Administrative Judge’s Potential Role in the Future of Electronic Filing  (3 minutes to read) The COVID-19 pandemic has tremendously impacted the New York Court System. The difficulties endured across the legal field over this past year have shown the need…

Must I Settle a Trial Transcript When Perfecting an Appeal in the First or Second Department? (3 minutes to read)  The simple answer to this question is, yes. However, our experience shows that certain flexibility with respect to strict enforcement of this rule requirement is…

(2 minutes to read)  Outlined below are five strategies that may reduce your overall costs of perfecting your appeal while working with your Appellate Printer:

(2 minutes to read)  There are five important steps when filing an appeal at the Appellate Term, First Department (AT1) that are often overlooked, resulting in delays, additional costs, and possibly a rejection of your appeal. In an effort to make the filing process smoother…

(2 minutes to read) When proceeding on a full reproduced record: 1. Carefully review your documents to ensure completeness. Your record should contain the following: •CPLR 5531 Statement •Your Notice of Appeal •Co or Cross-Notices of Appeal, if applicable •Judgment appealed from (Judgment Roll) •Pleadings…

(4 minutes to read)  Today, we are discussing issues that appellate practitioners experience at the Appellate Division when submitting papers, and the actions we recommend to mitigate any filing delays. Over the last 18 years, the Appellate Innovations team has filed thousands of appeals with…

(2 minutes to read)  Even for seasoned practitioners, the appellate process can often be a stressful and emotionally taxing experience. The Appellate Innovations team prides itself on handling the procedural responsibilities so you can draft your appellate brief absent the inherent distractions of navigating the…

Appellate Innovations is proud to feature occasional guest posts from appellate practitioners. Today’s post is by Lisa Solomon; you can find out more about her at the end of the post.

Appellate Innovations is proud to feature occasional guest posts from appellate practitioners. Today’s post is by Lisa Solomon; you can find out more about her at the end of the post.

{2 minutes to read}  Our blog today is about two significant rule changes in the Appellate Term, Second Department. The most significant rule change is that the Court will now require the filing of a fully reproduced printed Record, where previously this was not a…

[2 minutes to read]  When multiple parties appeal in the Appellate Division, Second Department (AD2) from the same order, the parties must file a Joint Record, a Joint Appendix, or proceed on the Original Record if permission was granted by the Court.

{2 minutes to read} A common question we are often asked is: what is the Appendix method and how does it work? The simple answer would be the Appendix method is the process of perfecting an appeal by submitting an “abbreviated” or “narrowed” set of…

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[1 minute to read]  Mandatory e-filing will be expanded beginning on April 1, 2020, at which time appeals in all matters originating and filed electronically in Supreme and Surrogate’s Courts in Nassau and Richmond Counties must be e-filed.

[1 minute to read]  The composition of judicial panels will be published by the Appellate Division, 1st Department on the Friday before oral arguments that are scheduled to take place the following week. This will be effective as of January 24, 2020. 

[1 minute to read] Changes to occur beginning with the January 2020 term, and until further notice.

{2:00 minutes to read} New Rules Relating to 2nd Judicial Department Appellate Terms Take Effect on January 1, 2020. 

{5:31 minutes to read} The FAQs listed below, pertaining to the Pre-Argument Conference Program have been released by The Appellate Division 1st Dept can be found on the court’s website here. General Information: 

{2:15 minutes to read}  Local Rules of Practice were amended on October 16, 2019 to address appeals in actions commenced under CPLR 214-g – New York Child Victims Act. 

{1:10 minutes to read} Beginning on January 1, 2020, the categories of appeals that will be subject to mandatory e-filing will be expanded. e-filing will be mandatory in: All case types — mandatory and consensual — that were e-filed in the Supreme Court, Bronx and…

(1:30 minute to read) On June 12, 2019, the Second Department amended its Rules of Practice to address the filing of supplemental records.  Section 370.7, added to the Court’s Local Rules of Practice by the amendment, sets forth and makes clear that the submission of…

[1:45 minutes to read] The categories of appeals subject to e-filing in the First Departments is expanding. In the following case types originating in the Supreme Court, Bronx, and New York Counties beginning on July 15, 2019, e-filing will be mandatory: Medical, Dental, and Podiatric Malpractice…

[2:10 minutes to read] E-filing is now mandatory in appeals from Supreme and Surrogate’s Courts in Queens County and consensual in appeals from Supreme and Surrogate’s Courts in Richmond County.

{1:00 minutes to read} The appeal brief has been served and filed, and the attorney listed on the cover of the brief to argue has a conflict or is no longer with the firm. How does one substitute a new attorney? Once upon a time,…