Concurrent Appeals in the Second Department: Do It Right the First Time

Concurrent Appeals in the Second Department: Do It Right the First Time

Concurrent Appeals in the Second Department: Do It Right the First Time by Liza Bobo

{1:07 minutes to read} To use a metaphor, in the Appellate Division, Second Department concurrent appeals are like curve balls. There are so many spins and variables associated with them, it can be a real challenge for appellants to hit a home run:

  • What exactly is a concurrent appeal?
  • Who is responsible for filing the record on appeal or appendix?
  • Who pays for the record on appeal or appendix once it’s filed?
  • What are the timing deadlines associated with concurrent appeals? 

The court defines concurrent appeals as those appeals that are taken separately from the same order or judgement by parties whose interests are not adverse to one another—but rather to those of another party. The court requires both parties to consult and file a joint record or a joint appendix and share the cost. These documents are then filed simultaneously. In terms of perfecting the appeal, the time to perfect the joint appendix or the joint record is measured from the latest date on the notices of appeal. 

If you require further assistance with concurrent appeals, please contact Liza Bobo at Appellate Innovations.

Liza Bobo

 

Liza Bobo
APPELLATE INNOVATIONS

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

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