First Department Announces Pilot Program to Fasttrack Discovery Disputes in NY Supreme Commercial Division

First Department Announces Pilot Program to Fasttrack Discovery Disputes in NY Supreme Commercial Division

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(1 minute to read)  Starting January 1, 2022, the First Department is putting forth a pilot program reducing the time to perfect interlocutory appeals arising from discovery disputes in the Commercial Division of the Supreme Court (New York & Bronx Counties).

Those appeals that fall into the above category must be perfected within 4 months from the date of the Notice of Appeal instead of the 6-month perfection period currently in place. Enlargements will still be governed by 22 NYCRR 1250.9(b).

This change brings added importance to ensuring that you initiate e-filing in the Appellate Division in accordance with the Joint Rules of the Appellate Division on Electronic Filing. Rule 1245.3 dictates that the appellant must record the Notice of Appeal in the Appellate Division within 14 days of filing same in the trial court, being granted leave to appeal or otherwise having the matter transferred to the Appellate Division.

Without recording the notice and updating the party information as required, counsel will not receive an appellate case number and will not be allowed to file in the appellate division, precluding counsel from making any letter applications, filing any motions or otherwise perfecting the appeal.

Call Appellate Innovations today at 212-461-1308 or 914-948-2240 to speak with your dedicated Appellate Consultant to learn more about the First Department’s Pilot Program and the Appellate Division’s e-filing rules.

The information contained in this blog is provided for informational purposes only. This information should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this blog without seeking legal or other professional advice.

Natalia Williamson
Senior Appellate Consultant

1 Barker Avenue, Suite 305
White Plains, NY 10601
Phone: (914) 948-2240

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