Appellate Division, 2nd Department Amends Local Rules of Practice

Appellate Division, 2nd Department Amends Local Rules of Practice

{2:15 minutes to read}  Local Rules of Practice were amended on October 16, 2019 to address appeals in actions commenced under CPLR 214-g – New York Child Victims Act. 

The New York Child Victims Act, only applicable in situations where the victim/plaintiff was under the age of 18 at the time the injuries occurred:

  • permits an action to recover damages for injuries allegedly “suffered as a result of conduct which would constitute a sexual offense” under special penal law provisions which would otherwise be barred by the statute of limitations to be commenced between August 2019 and August 2020;
  • also provides that such actions shall be expedited

The 2nd Department’s Local Rules of Practice have been amended, in keeping with the legislature’s intent, to include appeals from orders and judgments issued in actions brought under CPLR 214-g to the class of appeals which are actively managed by the Court (see 22 NYCRR 670.3[b]).

The Court will be alerted to the existence of such an appeal under the amended rules, by an appropriate marking on the Informational Statement (which, along with the accompanying instructions has been amended accordingly) filed with the Notice of Appeal (see 22 NYCRR 670.3[a]).

Contact us with questions or comments.

Marian Genio, Esq.
APPELLATE INNOVATIONS
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240

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