Common Procedural Differences Between AD1 and AD2

21 Jan Common Procedural Differences Between AD1 and AD2

{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”).

Here are a few of the differences in practice between the two courts:

AD1 permits the use of the Pre-Argument Statement which is annexed to the end of the Appellant Brief, behind the conclusion page, whereas AD2 requires that a Statement Pursuant to the CPLR 5531 appear directly behind the brief cover as the first document in the brief. 

• AD1 requires the submission of an Argument Request Form in order to secure argument time for your appeal. AD2 simply requires that you request argument time on the front of the brief cover in the upper right-hand corner. 

• AD1 operates on a Term Calendar and requires the filing of a Note of Issue identifying the term noticed. AD2 does not follow a term calendar, but rather, schedules each appeal based upon a rolling schedule, which is determined by the volume of appeal activity before the court. 

• When perfecting an appeal using the appendix method, the AD1 clerk’s office generally requires possession of the lower court file in order to accept an appendix for filing, whereas AD2 will accept an appendix for filing as long as a subpoena of the lower court file is evident.

• AD1 requires service and submission of the papers electronically. Currently, AD2 does not require any electronic treatment of the papers.

These are only a few of the many differences in practice between these two courts. Please call Appellate Innovations at (212) 655-9542 if you have questions or need additional advice.

How will you determine the proper court procedures when filing your appeal?

Eric R. Larke
APPELLATE INNOVATIONS
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240