16 May New York Appellate Division Updates — Jan 13
{7 minutes to read} We wish you, your family, and your colleagues a very happy and healthy New Year. As we look back on 2021 and forward to 2022, we are grateful for the opportunity to work with you on your appeals. We know there are plenty of choices when it comes to appellate service providers, which is why we are dedicated to providing you with attentive service, competitive pricing, and reliable appellate expertise.
As the appellate courts continue to adjust their protocols in response to the pandemic, we will keep you updated and guide you as to how any rule changes affect your appeal.
Most recently, the courts of the New York Appellate Division recently updated their oral argument protocols, some reverting to holding arguments virtually or by phone. Courthouses remain open to the public, but visitors are subject to screening checks.
Below is a breakdown of the latest changes in the Appellate Division. If you have any questions particular to your appeals, contact us today to speak with an experienced appellate consultant at 914-948-2240 or 212-461-1308.
FIRST DEPARTMENT
Oral Argument
Starting January 4th, the First Department returned to holding oral arguments virtually via Microsoft Teams.
Once calendared, counsel must file a Notice of Appearance form and file it via NYSCEF to the appellate docket. To obtain a copy of the form, contact your Appellate Consultant at Appellate Innovations today. The Court will use the contact information provided in the Notice of Appearance to send a Microsoft Team’s invitation. The invitation will be sent no less than 3 days before the scheduled argument date and will contain an attachment with the argument time allocated for your matter.
Please remember that once the matter has been calendared, there will be no adjournments. If a party cannot appear for remote oral argument as scheduled, the matter will be taken on submission as far as that party is concerned.
Pilot Program Expediting Commercial Division Interlocutory Appeals Concerning Discovery Disputes
Notices of Appeal filed on or after January 1st, 2022, in the New York Supreme Court’s Commercial Division that exclusively involves discovery issues must be perfected within 4 months, instead of the usual 6 months given to other appeals. Enlargements of time will still be governed by 22 NYCRR 1250.9 (b).
SECOND DEPARTMENT
Oral Argument
The Second Department recently reverted to holding oral arguments virtually via Microsoft Teams. If your appeal is eligible for oral argument, and you wish to present same, you must email the Court at AD2-Calendars@nycourts.gov with a copy to all parties no later than 5 business days prior to your calendar date with the 1. Name of the arguing attorney, and 2. The arguing attorney’s email address.
Failure to timely and properly notify the Court will result in the matter being marked submitted as to the party. Once calendared, a matter will not be removed from the calendar absent unusual circumstances.
Welcome to Maria T. Fasulo, New Clerk of Court
In November, the Second Department named Maria T. Fasulo as Clerk of the Court. Ms. Fasulo served as Deputy Clerk and Acting Clerk under former Clerk of Court Aprilanne Agostino. Be sure to note the change when addressing your letter applications to the Court!
THIRD DEPARTMENT
Oral Argument
As of January 1, 2022, the Third Judicial Department will be hearing oral arguments remotely by videoconference. A link will be sent to you by email at least one day in advance of your scheduled argument date. At present, the Court intends to return to in-person oral argument for the February Term. Follow Appellate Innovations on LinkedIn to stay up to date with any changes.
Expansion of E-Filing to include Workers’ Compensation and Unemployment Insurance Appeals
Notices of Appeal filed on or January 1st, 2022 in Workers’ Compensation and Unemployment Insurance matters are subject to mandatory e-filing on NYSCEF. For those appeals filed prior to January 1st, 2022 that have not yet been perfected, the parties may opt-in to e-filing by executing a Statement of E-Filing form. To obtain a copy of the form, contact your Appellate Consultant at Appellate Innovations today. Bear in mind that appendices are not required for Workers’ Compensation and Unemployment Insurance matters perfected on the original board file that is uploaded to NYSCEF.
FOURTH DEPARTMENT
Oral Argument
Arguments scheduled for the Court’s January 2022 Term will be conducted virtually via Zoom. Approximately one week prior to your calendared date, you will receive sign-in credentials either by mail or e-mail. Up to an hour prior to the argument, you will receive an email providing a secure hyperlink to join the session. Click here to review the Court’s full Remote Oral Argument Guide.
Congratulations to Justice Shirley Troutman
In November, Justice Shirley Troutman was nominated to the New York State Court of Appeals, having served as a Justice in the Fourth Department since February 2016.
NEW YORK COURT OF APPEALS
Oral Argument
The Court of Appeals will continue to hold in-person oral arguments for the January 2022 Session. Health screenings and face masks are mandatory for all visitors to the courthouse. Masks must be worn when presenting arguments.
Once again, thank you for trusting Appellate Innovations with your appeals. Whether you are perfecting your appeal, filing a motion, or preparing for an oral argument, the experts at Appellate Innovations will be there every step of the way to answer your tough questions. Let our experts help you with your next appellate filing. Call us today at 914-948-2240 or 212-461-1308.
Please contact one of our friendly and knowledgeable staff members with any questions. We are here to assist you.
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
APPELLATE INNOVATIONS
1 Barker Avenue, Suite 305
White Plains, NY 10601
Phone: (914) 948-2240
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