02 Feb How to Perfect Your Appeal in the Appellate Term, Second Department
{1:44 minutes to read} Are you perplexed as to the civil appeal perfection process in the Appellate Term, Second Department?
In the Appellate Term, Second Department, all appeals are heard on the original record, so the procedure is not too complicated.
- File the Notice of Appeal with the court of the original instance (which the court clerk will transmit to the Appellate Term).
- Upon receipt of the Notice of Appeal, the clerk will serve notice to the appellant stating that, as of the date of said notice, they are in receipt of the lower court file. Note: the clerk of the Appellate Term, Second Department will not accept an appeal for filing absent receipt of the lower court record. It is not unusual for the transmittal process to take several months. Therefore, one should contact the lower court appeals desk to ensure that the transmittal of the record below is handled expeditiously.
- You have 90 days from the date of the clerk’s return to perfect your appeal.
Perfecting the Appeal
- File your brief, along with a separate copy of the 5531 Statement.
- The appellate brief is due on or before the first Friday of the month, a responsive brief is due on or before the third Friday of the month, and a reply brief must be filed on or before the last Friday of the month.
- Pursuant to 22 CRR-NY 731.4, the original and 5 copies of the appellant’s brief must be filed along with proof of service.
- The court will schedule a date for the oral argument which will be published in the New York Law Journal not less than 12 days prior to such date.
** Keep in mind that the calendering of an appeal does vary from court to in court.
If you have additional questions regarding the civil appeal process, please contact our office.
Eric R. Larke
APPELLATE INNOVATIONS
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240
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