07 Jun Appellate e-Filing Expands to Queens and Richmond Counties
[2:10 minutes to read] E-filing is now mandatory in appeals from Supreme and Surrogate’s Courts in Queens County and consensual in appeals from Supreme and Surrogate’s Courts in Richmond County.
As of July 1, 2019, mandatory e-filing has been expanded by the Appellate Division, Second Department to all matters which originated and were electronically filed in Queens County, Supreme and Surrogate’s Courts. Voluntary, consensual e-filing is permitted in Richmond County in all matters which originated and were electronically filed in Supreme and Surrogate’s Court.
E-filing in Queens and Richmond counties will be effective when the notice of appeal is dated on or after July 1, 2019, and where the notice of appeal is dated prior to July 1, 2019 and the appeal is perfected on or after August 15, 2019; in which case compliance with the time limitation outlined in 22 NYCRR 1245.3(a) is measured from July 1, 2019.
For permission to voluntarily and consensually e-file, a hard copy of a stipulation signed by all counsel of record memorializing their consent and voluntary participation must be filed with the court before initializing on the appellate platform in NYSCEF.
In matters originating and electronically filed in Queens County and Richmond County Supreme and Surrogate’s Courts, which are perfected prior to July 1, 2019, e-filing is neither mandated nor permitted.
To summarize: E-filing will be mandatory in the counties of Queens, Suffolk, Westchester, Orange, Dutchess, Putnam and Rockland, and will be permitted, upon the consent of all counsel in Richmond County, where it is not mandated, for matters originating and electronically filed in Supreme and Surrogate’s Courts as of the effective date of the expansion. Currently, e-filing is not permitted in any matters originating in Kings and Nassau Counties.
Marian Genio, Esq.
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240