31 May Juggling Your Options in the Appellate Division, First Department
{1:30 minutes to read} When one strategizes to perfect an appeal in the Appellate Division, First Department, one needs to juggle a lot of things in order to produce the desired results. Some options on the table:
- Is the full reproduced record method (“everything and the kitchen sink”) going to be used, or is the appendix method the best approach?
- Will the appeal be perfected within 30 days of filing the notice of appeal, or will the full nine months be taken?
- If the nine-month window is chosen, one must decide which term calendar is preferred. There is the option to wait until the last day in that 9th month, or one may choose to file on a specific term deadline to coordinate an argument window that works with one’s schedule.
As an example, if the last day to perfect a record or appendix and brief is July 18, 2016, one should file the documents on July 11, 2016, the last day to file papers for the September term. This would make the respondent’s brief(s) due on or before August 10th. However, because of waiting the extra week, the matter is bumped to the October term.
Because it is bumped to the October term, opposition papers would not be due until September 7th, giving your opponent(s) several additional months to prepare a response. And now the argument, instead being scheduled fairly quickly, might interfere with holidays in October.
Let Appellate Innovations help juggle the many moving parts of your next appeal. Please contact Liza Bobo with any questions you may have.
Liza Bobo
APPELLATE INNOVATIONS
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240
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