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 …

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Lower Court Documents: The Best Practices to Ensure Preservation of a Potential Record on Appeal

The question often arises as to whether the same exhibits to motion practice must be included twice (e.g., in each of multiple motions for Summary Judgment) at the lower Court level simply to preserve the Record on Appeal at the Appellate Division. One might posit that even if there are separate Orders rendering decisions on …

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