Appellate Division, First Department: Multiple Appellants? Why a Briefing Schedule is Recommended

Filing an appeal where multiple cross-appellants are involved can be complicated and at times challenging, especially when it’s the first time you are involved in such an appeal.  In the Appellate Division, First Department, appeals are placed into a specific calendared term.  There is no possible way to have multiple cross-appellants file their briefs within the span of 30 days and a respondent be able to file their brief within the stated term.  In order for all cross-appellants and respondents to file their briefs within the same term, a briefing schedule must be established, where the last reply brief is filed by the last day of the specified term.  The parties should consult with each other to establish convenient dates and the term that everyone is comfortable with.  The nine month rule must be kept in mind when planning the briefing schedule, as the Appellate Division, First Department will not accept any filing once the notice of appeal has expired, regardless of any signed stipulations.

If you have an appeal where multiple appellants happen to be co-appellants there is no need for a briefing schedule.  Co-appellants should file together for the same term. However, if one of the co-appellants is not ready for the term intended, a stipulation may be signed by all parties involved and filed with the court consenting to the next term, as long as all co-appellants file before their nine month rule expires on their notice of appeal.  A motion for an enlargement of time is also an option, but it will delay filing your appeal further, especially if your clients are eager to perfect.

 

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