Trying to Expedite Argument Times in the Appellate Division, First Department

Trying to Expedite Argument Times in the Appellate Division, First Department

Trying to Expedite Argument Times in the Appellate Division, First Department by Liza Bobo

{2:08 minutes to read} Recently, I worked with a client who was trying to determine if they were going to appeal, and if they did appeal, when would their argument be heard in the Appellate Division, First Judicial Department? As we know, the Appellate Division, First Judicial Department works on a calendar system.

The Appellate Division, First Judicial Department has two rules about filing times: the 30-Day Rule and the Nine-Month Rule. With the 30-Day Rule, appellants have to serve and file their record within 30 days of service of their Notice of Appeal. Then appellants have 20 days to file and serve their main appellant’s brief and Note of Issue and filing fee.

For example, if the 30th day after the Notice of Appeal happened to be October 14th:

  • The appellant would be noticed according to the calendar for the January 2017 Term;
  • November 7th would have been the last day to file their papers; and
  • The court begins calendaring argument dates for the January 2017 Term on January 3rd, that would be the earliest a case could be put on the calendar for argument.

However, my client asked, “Is there any way we could expedite that even more?” I explained that if for example, they filed on October 14th and they were scheduled for the January term, they could not ask for the case to be expedited to be heard in November or December. According to the court, there would be no way to get their argument scheduled before the January 2017 Term.

The solution is as follows: File the Record on Appeal, Main Appellant’s Brief and Note of Issue and filing fee as quickly as possible so they may be placed on the January 2017 Term for argument. Then, write a letter to the court requesting to be heard the first week of the term. It is up to the court to grant or deny the request. The client appreciated the information and now feels they can make an informed decision.

For information about expediting appeals in the Appellate Division, Second Judicial Department, please read this blog article by my colleague Eric Larke.

If you have any questions, 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

2 Comments
  • Joel Aurnou
    Posted at 14:23h, 30 March Reply

    Keep these coming. Very professional!

    • Liza Bobo
      Posted at 09:43h, 25 April Reply

      Thank you I will.
      If you would like to suggest a topic, please do.
      I am all ears.
      Liza

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