Appellate Procedure Checklist–6 Key Facts to Know about…The Appellate Division, Second Department

Much like the other four Departments of the Appellate Division, AD2 has many rules that are specific to the Brooklyn-based Court. Below, find six such procedural rules that can greatly affect the process of perfecting appeals at the Appellate Division, Second Department.

1. Appellants are only granted six months to perfect their appeals at the Appellate Division, Second Department.

2. The Appellate Division, Second Department does not use a Term Calendar. Thus, all deadlines are based off of the date and method of service. Click here to see a chart demonstrating how to determine AD2 filing deadlines.

3. Unlike the Appellate Division, First Department that requires parties to file a separate form in order to request oral argument time, AD2 allows parties to simply note the arguing attorney and the amount of time being requested on brief covers.

4. The Appellate Division, Second Department is made up of 10 different counties, resulting in a large caseload. Oral argument dates can take almost a year to be scheduled.

5. Appeals being perfected in AD2 are assigned docket numbers instead of using the lower Court index number. Appellants must have this number on the Record on Appeal/Appendix and Appellant Brief covers prior to filing.

6. There is no electronic filing requirement at the Appellate Division, Second Department (yet).