14 Jun The Impact of Extenuating Circumstances in the First and Second Departments
{1:12 minutes to read} In the Appellate Division, First Department if a case has already been scheduled for oral argument in the middle of your vacation, religious holiday, or a life-changing event, you can have the case adjourned to another term, before or after First Department sets its argument calendar. One of the parties can go to the court with a stipulation for interim relief application and an affirmation of support, and the court will make a decision. If the other party disagrees with the application for an adjournment, you both must show up at court and file a motion.
In the Appellate Division, Second Department, prior to the oral argument being scheduled, they will work with attorneys to synchronize schedules. Once the oral argument calendar is set, the Second Department will not reschedule, regardless of vacations, religious holidays, or life events. The best thing to do in that court is to submit, in letter form, the dates that you’re unavailable, prior to your case being put on the court’s calendar for oral argument. It doesn’t guarantee your schedule will be accommodated, though.
If you have any questions regarding this issue, please contact Liza Bobo at Appellate Innovations.
Liza Bobo
APPELLATE INNOVATIONS
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240
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