How to Determine the Filing Deadline for Respondent’s and Reply Briefs in the Appellate Division, Second Department

Determining a Respondent and/or Reply Brief deadline in the Appellate Division, Second Department (hereafter AD2) is quite different from the Appellate Division, First Department (hereafter AD1). While AD1 is controlled by a Term calendar, AD2’s deadlines are determined by the service/filing date and manner of service of the Appellant’s Record/Appendix and Brief. In AD2, a …

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Requesting an Extension of Time to Perfect an Appeal or File a Respondent’s Brief in AD3 and AD4

Below are guidelines regarding how to request an extension of time to perfect an appeal or file a Respondent’s Brief in the Appellate Division, Third and Fourth Departments. Perfecting an Appeal—Third and Fourth Departments. When seeking additional time to perfect an appeal in either of these departments, the Appellant must file a motion prior to …

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Records on Appeal: What Lower Court Documents Should Be Included in an Appellate Filing?

Many of our clients assume that a Record on Appeal should include everything in the lower Court file. The Record, however, should only include the documents that the lower Court considered when it rendered the particular Order/Judgment being appealed. Oftentimes, Supreme Court Justices issue a Memorandum cover page that lists all of the documents that …

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