Our Blog

{1 minute to read}  A great time was had by all at the New Rochelle Bar Association Centennial Celebration & Annual Court of Appeals Dinner held on May 25, 2022, at the VIP Country Club in New Rochelle. Chief Justice Janet DiFiore and her fellow…

Cross appeals and concurrent appeals present unique circumstances that require consideration and planning by counsel from the outset of taking an appeal.

A cross-appeal occurs when two or more notices of appeal are filed in connection with the same order or judgment by parties whose interests are opposed. Whereas, in a concurrent appeal, two or more parties file notices of appeal as to the same order or judgment but their interests are not conflicting as to the issues on appeal.

{1 minute to read} It may not feel like it yet, but summer is just around the corner, and with it comes the First Department’s summer recess. While temperatures are rising, the Court’s recess puts your appeal on ice! The 2022 June Term deadline to…

{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…

(6 minutes to read)  Amendments to the Federal Rules of Appellate Procedure (FRAP) took effect on December 1, 2021. The changes affect Appellate Rules 3 and consequently Rule 6 and Forms 1 and 2. Please see House Document 117-30 for the full language of the…

(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…

(1 minute to read) Appellate Innovations was honored to sponsor this year’s OAD event as a part of our Pro Bono program. We encourage all to support their important work. Click here to learn more.  Appellate Innovations at the OAD’s 2021 First Monday Event –…

 (2.5 minutes to read)  On July 19, 2021, the Supreme Court of the United States rescinded its prior COVID-19 related orders of March 19, 2020, and April 15, 2020. Modification to Paper Filing Requirement For covered documents filed on or after September 1, 2021, the…

Resumption of Paper Copies Requirement (1.5 minutes to read)  Effective July 6, 2021, the Court has resumed the requirement of six paper copies of each brief to be submitted in each appeal at the time the brief is electronically filed. Additionally, a party represented by…

FILING FEES

Effective immediately, The Appellate Division, Second Department has implemented a new protocol for filing fees in non-NYSCEF filed appeals.

If payment is not received within 7 days of processing of the record and brief, the Court will email the appellant to advise that payment has not been received. A copy will be sent to the adversary(s). At that point, the appellant will be put on notice that if payment is not received within 7 days of the Court’s email notification, the matter will be subject to dismissal without further notice.

 (2 minutes to read) Today, I would like to talk about the most recent update released June 25, 2021, by the Appellate Division, First Department. The highlight of the update is that starting with the September 2021 term, in addition to electronic filing, attorneys…

(1.5 minutes to read)  Chief Judge Janet DiFiore recently announced that courthouses across New York State are looking forward to the complete return of judges and court staff by May 24th, 2021. She explained how both the court leadership team and administrative judges are in…

(2.5 minutes to read)   A few weeks ago, the Future Trials Working Group of the Commission to Reimagine the Future of New York Courts released a report. Here, the Working Group made recommendations as to how trials would be conducted in the upcoming months and…

(1 minute to read)  The Unified Court System announced that beginning on April 1st, 2021, it will no longer pay the service fee for credit card transactions entered by Court users. The Court System explained that it would be implementing this change due to its…

(1 minute to read)  Recently, the Appellate Division, First Department announced Spring Term operation updates. Additionally, the Court specified that since it plans on resuming in-person oral arguments on Wednesdays, it would also continue administering its online oral argument survey. The Court specified that all…

Virtual Bench Trial Guidelines Released by the NY State Unified Court System (2 minutes to read)  A few weeks ago, Chief Judge Janet DiFiore released a message on the New York State Unified Court System’s website where she provided recent developments pertaining to the courts…

The New York Chief Administrative Judge’s Potential Role in the Future of Electronic Filing  (3 minutes to read) The COVID-19 pandemic has tremendously impacted the New York Court System. The difficulties endured across the legal field over this past year have shown the need…

Must I Settle a Trial Transcript When Perfecting an Appeal in the First or Second Department? (3 minutes to read)  The simple answer to this question is, yes. However, our experience shows that certain flexibility with respect to strict enforcement of this rule requirement is…

(2 minutes to read)  Outlined below are five strategies that may reduce your overall costs of perfecting your appeal while working with your Appellate Printer:

(2 minutes to read)  There are five important steps when filing an appeal at the Appellate Term, First Department (AT1) that are often overlooked, resulting in delays, additional costs, and possibly a rejection of your appeal. In an effort to make the filing process smoother…

(2 minutes to read) When proceeding on a full reproduced record: 1. Carefully review your documents to ensure completeness. Your record should contain the following: •CPLR 5531 Statement •Your Notice of Appeal •Co or Cross-Notices of Appeal, if applicable •Judgment appealed from (Judgment Roll) •Pleadings…

(4 minutes to read)  Today, we are discussing issues that appellate practitioners experience at the Appellate Division when submitting papers, and the actions we recommend to mitigate any filing delays. Over the last 18 years, the Appellate Innovations team has filed thousands of appeals with…

(2 minutes to read)  Even for seasoned practitioners, the appellate process can often be a stressful and emotionally taxing experience. The Appellate Innovations team prides itself on handling the procedural responsibilities so you can draft your appellate brief absent the inherent distractions of navigating the…

Appellate Innovations is proud to feature occasional guest posts from appellate practitioners. Today’s post is by Lisa Solomon; you can find out more about her at the end of the post.

Appellate Innovations is proud to feature occasional guest posts from appellate practitioners. Today’s post is by Lisa Solomon; you can find out more about her at the end of the post.

{2 minutes to read}  Our blog today is about two significant rule changes in the Appellate Term, Second Department. The most significant rule change is that the Court will now require the filing of a fully reproduced printed Record, where previously this was not a…

[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.

{2 minutes to read} A common question we are often asked is: what is the Appendix method and how does it work? The simple answer would be the Appendix method is the process of perfecting an appeal by submitting an “abbreviated” or “narrowed” set of…

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[1 minute to read]  Mandatory e-filing will be expanded beginning on April 1, 2020, at which time appeals in all matters originating and filed electronically in Supreme and Surrogate’s Courts in Nassau and Richmond Counties must be e-filed.

[1 minute to read]  The composition of judicial panels will be published by the Appellate Division, 1st Department on the Friday before oral arguments that are scheduled to take place the following week. This will be effective as of January 24, 2020. 

[1 minute to read] Changes to occur beginning with the January 2020 term, and until further notice.

{2:00 minutes to read} New Rules Relating to 2nd Judicial Department Appellate Terms Take Effect on January 1, 2020. 

{5:31 minutes to read} The FAQs listed below, pertaining to the Pre-Argument Conference Program have been released by The Appellate Division 1st Dept can be found on the court’s website here. General Information: 

{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. 

{1:10 minutes to read} Beginning on January 1, 2020, the categories of appeals that will be subject to mandatory e-filing will be expanded. e-filing will be mandatory in: All case types — mandatory and consensual — that were e-filed in the Supreme Court, Bronx and…

(1:30 minute to read) On June 12, 2019, the Second Department amended its Rules of Practice to address the filing of supplemental records.  Section 370.7, added to the Court’s Local Rules of Practice by the amendment, sets forth and makes clear that the submission of…

[1:45 minutes to read] The categories of appeals subject to e-filing in the First Departments is expanding. In the following case types originating in the Supreme Court, Bronx, and New York Counties beginning on July 15, 2019, e-filing will be mandatory: Medical, Dental, and Podiatric Malpractice…

[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.

{1:00 minutes to read} The appeal brief has been served and filed, and the attorney listed on the cover of the brief to argue has a conflict or is no longer with the firm. How does one substitute a new attorney? Once upon a time,…

{1:00 minute to read}   I would like to correct and/or clarify several points in my recent blog, “NYS Appellate Courts Rule Change.” The Appellate Division has changed its rules in certain counties/districts pertaining to the taking of appeals electronically. Not every Notice of Appeal warrants e-filing…

{1:34 minutes to read} The Appellate Division First Department has a gap in term calendar filing dates — the June Term vs. September Term — which translates into a significant gap in argument dates scheduled.

{1:00 minute to read} In the Second Circuit Court of Appeals, when preparing for specific types of appeals, such as immigration appeals (LR 34.2(a)(1)) or when filing in forma pauperis, or a Social Security case, many attorneys may not realize that under local rule LR…

{1:00 minute to read} If you are making an appeal to either the Appellate Division, First Department, or the Appellate Division, Second Department, there are a number of things to keep in mind. One, in particular, is holidays, both State and Federal. Between Thanksgiving and…

Appellate Innovations was proud to sponsor the Westchester County Bar Association’s Appellate Practice Committee CLE on the “Nuts and Bolts of Appellate Practice.” Helen Mezger, WCBA Committee Member and Account Manager for Appellate Innovations, presented a segment regarding taking an appeal, perfecting an appeal and…

{1:10 minutes to read} Summer is over, and we are transitioning into fall. Time moves quickly, and, before we know it, the end of the calendar year is upon us.

Appellate Innovations enjoyed the afternoon watching the eclipse and the evening at a restaurant to round out the day. We all look forward to the next eclipse! Appellate Innovations                                …

{1:58 minutes to read} An appeal is sought when you are dissatisfied with an order, judgment, or decision received in the Appellate Division’s First, Second, Third and Fourth Departments.

{1:07 minutes to read} In my last article, we discussed using a Deferred Appendix to save money if the record is voluminous. A deferred appendix is usually filed as a Joint Appendix, on which the parties consult about what documents should be included.

{1:42 minutes to read} As we explained in this earlier article, in the Second Circuit Court of Appeals, the parties must agree on the contents of the Joint Appendix before the case is served/filed/ECF filed; if they don’t, then this situation must be brought to…

It’s time to vote! 2017 Best of New York Law Journal Survey Appellate Innovations isn’t the largest appellate services provider. But our aim is to be the best! Please take a moment to complete the NYLJ’s reader rankings survey by clicking on this link and answering…

{1:30 minutes to read} In order for any law practice to be a success, the foundation must be strong. An attorney’s foundation includes the obvious, like knowledge of courtroom rules, appellate division, etc. Yet, no practice can function well without the use of a calendar.

{2:00 minutes to read} Attorneys should expect to have cases that require crucial, out-of-the-ordinary pieces of evidence (i.e., color photos or oversized maps). Once the evidence is filed in the court of original incidence, the appellate court expects to see a precise duplicate of the…

{2:00 minutes to read} As I’ve discussed in a separate blog entry, the Appellate Division, First Department uses a calendar system to manage its docket. Under the nine month rule (600.11(a)(3), an appellant in the First Department has nine months from the date typed on…

{1:50 minutes to read} You are not required to make an oral argument before the Court of Appeals for the Second Circuit. However, if you would like to argue your case, then, within 14 days after the filing of the last appellee’s brief, each party…

Appellate Innovations is pleased to share this article by guest author, Lisa Solomon. While there is an art to the best persuasive legal writing, many of the characteristics of persuasive legal writing are also firmly grounded in social scientific principles. Understanding those principles can help…

{1:20 minutes to read} Physical documents are very important to the appellate process. For example, if there is a car accident, the physical documents will include photographs of the accident that can help attorneys prove something specific for their appeal. Or an appeal may include…

{2:08 minutes to read} Recently, I worked with a client who was trying to determine if they were going to appeal, and if they did appeal, when would their argument be heard in the Appellate Division, First Judicial Department? As we know, the Appellate Division, First…

{2:10 minutes to read} Hello everyone, my name is Helen Mezger. I’ve been an Account Manager with Appellate Innovations for almost twelve years. My primary focus is to build relationships with our clients to handle their appellate papers with the utmost care. Often, I will…

[2:50 minutes to read] We just had an incident with an attorney that sheds light on an important subject: how to fix an error in a brief that has already been filed.

{1:00 minute to read} One role of Appellate Innovations is to keep clients and attorneys apprised of court changes, rules, and calendar dates. For example, the First Department recently published new term calendar dates going forward to 2017.  Also, as of June 22nd of this…

{1:31 minutes to read} When an appellate brief is filed in the Appellate Division, 1st and 2nd Departments, the respondent is given the opportunity to file a brief in response. The respondent’s brief replies to the arguments for appeal that have been made in the…

{2:40 minutes to read} Perfecting the appeal can be a lengthy process—sometimes it spans six months, nine months or longer. Things discussed when the notice of appeal was filed might be forgotten by the time the attorney is actually ready to perfect the case. That…

Appellate Innovations is pleased to share this article by guest author, Lisa Solomon.  For the last few years, I’ve been particularly interested in what the shift to paperless courts—spurred by the ubiquity of electronic filing at the federal level and its expansion at the state…

{1:30 minutes to read} In the age of technology, we can reach each other in a myriad of ways: email, text, social media, FaceTime. 

{1:40 minutes to read} The Appellate Division First Department is gearing up for the fall calendar filing dates, which begin in August and go forward through November. 

Appellate Innovations is pleased to share this article by guest author, Lisa Solomon.  The reply brief is the movant’s chance to get in the “last word.” For this reason, it deserves as much attention as the opening and opposition briefs. However, reply briefs often get…

{2:40 minutes to read} What is an e-brief? What are its uses? Is it convenient?

{1:07 minutes to read} To use a metaphor, in the Appellate Division, Second Department concurrent appeals are like curve balls. There are so many spins and variables associated with them, it can be a real challenge for appellants to hit a home run:

{1:12 minutes to read} In the Appellate Division, First Department if a case has already been scheduled for oral argument in the middle of your vacation, religious holiday, or a life-changing event, you can have the case adjourned to another term, before or after First Department…

{1:30 minutes to read} When one strategizes to perfect an appeal in the Appellate Division, First Department, one needs to juggle a lot of things in order to produce the desired results. Some options on the table:

{1:00 minutes to read} When it comes to strategizing on how to prepare for your appeal, it may be worthwhile to consider the appendix method as opposed to the full record method. Here are three situations in which the appendix method may be the better…

{1:02 minutes to read} As of September 2010, appellant briefs must be served and filed electronically. The New York State Appellate Division, First Department (“AD1”) requires that an appellate brief is fully searchable in PDF-A format. PDF-A format locks the brief and prevents any additional…

{1:28 minutes to read} The act of filing a record on appeal in the Appellate Division, Second Department can be made smoother by following these simple tips to streamline the intake clerk’s review process:

{1:44 minutes to read} Are you perplexed as to the civil appeal perfection process in the Appellate Term, Second Department? In the Appellate Term, Second Department, all appeals are heard on the original record, so the procedure is not too complicated. 

{2:00 minutes to read} There are many procedural differences when perfecting an appeal in the New York State Appellate Division, First Department (“AD1”), versus perfecting an appeal in the New York State Appellate Division, Second Department (“AD2”).

{1:03 minutes to read) Traveling to and from the Appellate Division, First or Second Department, may be a challenge this holiday season. If you have scheduled arguments, we recommend the use of public transportation. If traveling by vehicle (or sleigh), we suggest the use of…

{1:17 minutes to read} 1. Carefully determine your appellate status. Are you the only appellant, or are there additional parties to the appeal? It’s possible you are a Co, Cross, or Concurrent Appellant. Make sure you include all notices of appeal. 

{1:02 minutes to read} Are you proceeding with your appeal on a fully reproduced record and are concerned that there are numerous documents that appear multiple times within the papers? What is the correct process to avoid reproducing the same document multiple times?

{1:06 minutes to read} Are you an appellant with an appeal before the United States Court of Appeals for the Second Circuit? If so, know that determining the contents of the joint appendix is the responsibility of all parties. Parties are encouraged to agree on…

{2:01 minutes to read} There are differences with respect to the process of service of papers between the Appellate Division, First Department and the Appellate Division, Second Department. One of the major differences is how each department regards timeliness when considering the service and filing…

{1:24 minutes to read} If you are filing an appeal to the Appellate Division, Second Judicial Department, and you are attempting to do so in an expedited fashion — There is a likelihood that the Appellate Division has not yet received the Notice of Appeal,…

{2:17 minutes to read} When perfecting an appeal in New York’s Appellate Division, attorneys typically have a couple of different options. They can perfect based on the full reproduced record, comprised of all the documents before the lower court specific to the order on appeal…

{1:40 minutes to read} Technology has transformed the world around us, making virtually everything interactive. In law, one of the most important consequences of the digital revolution is the electronic brief, or eBrief. Using the interactive Adobe PDF standard, eBriefs are seamless and efficient, gathering all…

{2:20 minutes to read} The First Department’s filing deadlines are often confusing for appellants, partly because some of the rules appear to contradict each other. This is particularly vexing given the high stakes of appellate cases. Worse yet, losing an appeal due to missing a…

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