How to Expedite the Perfection of Your Appeal in the Appellate Division, Second Department

14 Aug How to Expedite the Perfection of Your Appeal in the Appellate Division, Second Department

{1:24 minutes to read} If you are filing an appeal to the Appellate Division, Second Judicial Department, and you are attempting to do so in an expedited fashion —

There is a likelihood that the Appellate Division has not yet received the Notice of Appeal, and therefore will not yet have a docket number assigned. Absent the issuance of a docket number, the clerk will not accept your appeal for filing.

Therefore, we suggest:

• Obtain a time-stamped copy of the Notice of Appeal, and produce this at the Appellate Division, Second Department’s General Clerk’s Office with your Appellate Brief and Record/Appendix.

• When preparing the appeal documents to file with the Appellate Division, leave the docket information on the cover blank.

• When you file the appeal with the Appellate Division, you (or the clerk) must hand write in the docket number.

Call the Second Department’s General Clerk’s Office at (718) 722-6324 in advance to alert them to the fact that you have filed a Notice of Appeal, and that no document number has been issued since the lower court has not yet transmitted that information to the Appellate Division. Obtain the name of the clerk and ask for this person when you arrive to file your papers.

This procedure will allow you to file the appeal expeditiously. It is much quicker than waiting for the lower court to transmit your Notice of Appeal to the Appellate Division.  

Eric R. Larke
APPELLATE INNOVATIONS
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240