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Motions for Leave to Appeal to the Court of Appeals of the State of New York (hereinafter, the “NYSCA”) are one of the few instances in the law (if not the only one) where an attorney has two bites at the apple. To wit, the losing attorney at the Appellate Division...
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What Should the Appellate Division Record Contain if Exhibits were Filed on a CD in the Lower Court?
From time to time, attorneys choose not to include physical copies of exhibits in motion papers filed in the Supreme Court. Rather than include voluminous medical records with thousands of pages, for instance, an attorney might attach a CD with bulk documents as an...
Due Dates at the First Department: Exceptions to the Rule that Hard Copies of Records and Briefs must be in the Service Party’s Hands by 5pm on the Due Date in NON-NYSCEF Filing Cases
The filing of appeals at the Appellate Division, First Department is governed by the court’s own calendar, which sets forth the specific dates by which the Appellant’s Brief and Record on Appeal, the Respondent’s Brief, and the Appellant’s Reply Brief must be served...
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