New York State Appellate Division, First Department Clerk’s Requirements Regarding Availability for Oral Argument

We continually hear from our clients regarding the procedures of notifying the First Department of any unavailable dates on which to appear for oral argument. All letters notifying the Court of such requests must be filed by the date specified on the First Department’s Term Calendar under the section labeled “Oral Argument, Time Requests and …

Read More

AD1 No Longer Accepting Motions to Enlarge the Time to File Respondent Briefs–Only Emergency Applications

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 …

Read More