What Should the Appellate Division Record Contain if Exhibits were Filed on a CD in the Lower Court?

Sometimes, in an effort to save a tree or two, attorneys will intentionally not include physical copies of exhibits in the motion papers 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 exhibit to their motion papers1. …

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New York State Appellate Division, First Department – Are Photographs Permitted to Be Included in a Brief?

I was recently asked by a client whether the Appellate Division, First Department would permit him to include a photograph within the text of his brief.  Specifically, he wanted to “paint a picture” of a scene which was completely relevant and utterly explanatory rather than just describe the scene as it occurred.  Intuitively, why not?  …

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Is It Possible to Postpone Oral Argument at AD2 Pending the Outcome of an Order to Show Cause in a Lower Court?

I was recently contacted by an attorney who inquired whether he could hold at bay (or, essentially, stay) the scheduling of oral argument at the New York State Appellate Division, Second Department (hereinafter “AD2”) while a pending Supreme Court Order to Show Cause was being considered. No argument date had yet been scheduled by AD2, …

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