28 Jul Perfecting an Appeal With Multiple Appellants in AD2
[2 minutes to read] When multiple parties appeal in the Appellate Division, Second Department (AD2) from the same order, the parties must file a Joint Record, a Joint Appendix, or proceed on the Original Record if permission was granted by the Court.
Generally, the filer of the initial Notice of Appeal will assume responsibility to assemble the Joint Record on Appeal, first by carefully reviewing the order being appealed from and then by reproducing all of the papers specific to that order from which they have jointly appealed.
When on the Appendix Method, it is important that the parties consult with each other in an effort to isolate the papers that both sides deem necessary to include and also properly serve as the scope of appellate review.
Fortunately, should the parties elect to engage an appellate printer, the costs incurred are split 50/50. Appellate Innovations’ paralegals are well versed in this aspect of the process and are available to liaison between the parties at any time.
If the appealing parties are, by definition, adverse to one another, the briefing is scheduled such that each side can present their argument as an Appellant, while being provided the opportunity to respond and reply accordingly.
Should the appealing parties seek the same relief as Co-Appellants, they are not provided the opportunity to file respondent’s points with respect to the points made in their respective Appellant’s Briefs.
The Appellate Division, Second Department local rule 1250.9(f) regarding joint filings is often misunderstood. Should your appeal involve numerous appealing parties, a clear understanding of the procedure at the onset will ensure a streamlined and error-free filing. Please contact one of our friendly staff members with your questions.
Eric R. Larke
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Phone: (914) 948-2240