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(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 into the above category must be perfected within 4 months from the date of the Notice of Appeal instead of the 6-month perfection period currently in place. Enlargements will still be governed by 22 NYCRR 1250.9(b).

This change brings added importance to ensuring that you initiate e-filing in the Appellate Division in accordance with the Joint Rules of the Appellate Division on Electronic Filing. Rule 1245.3 dictates that the appellant must record the Notice of Appeal in the Appellate Division within 14 days of filing same in the trial court, being granted leave to appeal or otherwise having the matter transferred to the Appellate Division.

Without recording the notice and updating the party information as required, counsel will not receive an appellate case number and will not be allowed to file in the appellate division, precluding counsel from making any letter applications, filing any motions or otherwise perfecting the appeal.

Call Appellate Innovations today at 212-461-1308 or 914-948-2240 to speak with your dedicated Appellate Consultant to learn more about the First Department’s Pilot Program and the Appellate Division’s e-filing rules.

Natalia Williamson
Appellate Consultant
APPELLATE INNOVATIONS

1 Barker Avenue, Suite 305
White Plains, NY 10601
Phone: (914) 948-2240

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(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. 

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OAD Attendees (L-R) John Mattimore, Helen Mezger, James Dignon, Eric Larke

The Office of the Appellate Defender has proudly been in the forefront of providing strong appellate representation to individuals convicted of felonies in New York City since 1988. As the City’s second oldest establishment dedicated to defending and providing fair and equal legal advocacy to indigent persons, the OAD thrives on its commitment to stand for systemic reforms of laws and procedures to ensure that liberty and justice remain equal for all.

Please contact an Appellate Innovations team member if you have questions about our appellate printing services or Pro Bono program.

The information contained in this blog is provided for informational purposes only. This information should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this blog without seeking legal or other professional advice. 

 

 

 

 

 

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(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 requirement of Rule 33.1 that 40 copies of documents be submitted in booklet format will go back into effect.

For documents submitted under Rule 33.2, the requirement of Rule 39 that an original and 10 copies be submitted, where applicable, will also go back into effect for covered documents filed on or after September 1, 2021.

The authorization to file a single copy of certain documents on 8½ x 11-inch paper, as set forth in the Court’s April 15, 2020 order, will remain in effect only to documents filed before September 1, 2021.

Additionally, the Court’s July 19, 2021 Order provides that the following categories of documents should not be filed in paper form if they are submitted through the Court’s electronic filing system:

1. motions for an extension of time under Rule 30.4;

2. waivers of the right to respond to a petition under Rule 15.5; and

3. blanket consents to the filing of amicus briefs under Rules 37.2(a) and 37.3(a).

Notwithstanding Rule 34.6 and paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court’s Electronic Filing System, the aforementioned filings should be electronically filed in cases governed by Rule 34.6. Other types of documents in those cases should be filed in paper form only.

Filing Deadlines

Only in those cases in which:

•the relevant lower court judgment,

•order denying discretionary review, or

•order denying a timely petition for rehearing,

was issued prior to July 19, 2021, the deadline to file a petition for a writ of certiorari remains extended to 150 days from the date of that judgment or order.

In those cases where:

•the relevant lower court judgment,

•order denying discretionary review, or

•order denying a timely petition for rehearing,

was issued on or after July 19, 2021, the deadline to file a petition for a writ of certiorari is as provided by Rule 13.

Although the court house remains closed to the public due to COVID-19, such closure does not affect filing deadlines under Rule 30.1.

The information contained in this blog is provided for informational purposes only. This information should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this blog without seeking legal or other professional advice.

Nikolina Gurfinkel
APPELLATE INNOVATIONS

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

 

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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 counsel must file six copies of the appendix, unless the case is proceeding on the original record without an appendix. 


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Amended Protocols

( 4 minutes to read) 

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.

Similarly, on motions, all filing fees must be paid by the return date.  If the payment is not received on time, the motion is subject to dismissal.

IN PERSON ORAL ARGUMENT

Effective September 7, 2021, the Appellate Division, Second Department will resume holding oral arguments in person at the courthouse located at 45 Monroe Place, Brooklyn, New York, unless a different location is determined.

As of that date, the courthouse will be open to the public. However, special protocols will be implemented for fully vaccinated individuals and for those unable to establish that they have been vaccinated.

Attorneys with Green Pass issued by the Unified Court System will be permitted to by-pass the daily health safety screening and conduct their business in all areas of the courthouse without wearing a mask or face covering. The pass is valid for ninety days and must be always displayed on the outermost portion of the attorney’s clothing when inside a court facility.

All other individuals with proof of vaccination will receive a white Visitor pass that permits them to bypass the health safety screening and enter the court facility without a mask or face covering. In order to obtain such a pass, the visitor must possess a valid government identification card which matches the name on a proof of vaccination. These items should be shown to the court officer upon entry into the court facility.

Acceptable proofs of COVID-19 vaccination include:

•COVID-19 vaccination card;

•Photograph of a COVID-19 vaccination card contained on a mobile device; or

•COVID-19 Vaccination Excelsior Pass

Such Visitor Pass is valid for one day and must be worn on the outermost portion of clothing.

All individuals entering the courthouse who are unable to establish that they have been vaccinated in conformity with the above guidelines (a) are required to wear a mask or facial covering at all times, (b) shall comply with social distancing guidelines and the directives of court officers, and (c) will be subject to Covid-19 screening and temperature checks.

UPDATE TO IN-PERSON ORAL ARGUMENT  8/17/21:

Effective immediately and until further notice:

  • The court has temporarily suspended the green attorney/agency pass and white visitor pass program.
  • While the court continues to be open to the public at this time, all court users are required to wear a face mask or face covering regardless of the vaccination status while present in the courthouse.
  • All court users must have their temperature taken and are subject to COVID screening before entry. These measures are imperative in order to ensure the health and safety of all court employees and court users during this time, and everyone’s cooperation is greatly appreciated. 

 

CALENDARING CONFLICTS

The Court is currently scheduling oral arguments for dates in September and October 2021. Due to several federal and religious holidays falling within that time frame, the Court is encouraging attorneys who have requested oral argument on matters that have not yet been calendared, to notify the Court of any dates on which they will not be available for oral argument due to religious holidays, vacations, family or employment commitments, etc. Such information should be sent to the Court’s calendar clerks by email at AD2-Calendars@nycourts.gov.

Once calendared, a matter will not be removed from the calendar, except for unusual circumstances (22 NYCRR 670.15[d] ).

We are working closely with the New York State appellate courts to bring you up to date on amendments and implementations as they become available. 

The information contained in this blog is provided for informational purposes only. This information should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this blog without seeking legal or other professional advice.

 

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

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