Traditionally, the First Department has allowed Respondents (that cannot obtain a stipulation to adjourn) to file a motion to enlarge the time to file a Respondent’s Brief. Recently, however, the Court has not accepted such motions, but instead has directed Respondents to seek emergency relief on application.
The most obvious explanation behind the change in procedure is quite simple. The normal course of motion practice, and ultimately obtaining a decision, is time-consuming. Essentially, by filing a motion to enlarge, you are adjourning the appeal. It typically takes about four to six weeks for the Court to decide a motion. Therefore, by the time it takes the Court to rule, you are already way beyond the current deadline within the Term for which you are noted.
You must now notify all parties with an appellate designation 24 hours prior to filing an emergency application in person at the Court. This will allow opposing parties to appear before the motions clerk and state their objections. Otherwise, you bring copies of your supporting papers and submit the emergency application in the same manner you would file an order to show cause. The clerk will allow for opposing parties to submit papers, and decide on the application relative to the circumstances surrounding the request.