Wednesday Wisdom

 When attempting to stay the proceeding of a case pending the outcome of an appeal at the Appellate Term, First Department (via Emergency Relief), including the Notice of Appeal with the Motion papers is essential. This will provide proof that the Appellate Term now has jurisdiction permitting the Court to rule on this Motion.

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Appellate Division, First and Second Departments: How to Ensure That the Co-Appellant or Cross-Appellant Shares in the Cost of the Joint Record/Appendix?

Appellate Division, First Department: “The parties shall consult and thereafter file a joint record or joint appendix …The cost of the joint record or joint appendix and the transcript, if any, shall be borne equally among the parties. (see 600.11(d))”   Appellate Division, Second Department: “Unless otherwise ordered by the court, all parties appealing from the …

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Wednesday Wisdom

  Unlike AD2, AD3 and AD4, the First Department has an electronic service/filing requirement. On top of the printed copies, any Records or Appendices that are over 10MB must be served/filed on a CD. Any Records or Appendices under 10MB, along with all appellate briefs, must be served/filed via email.  

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Wednesday Wisdom

  While appellate briefs filed in AD1 and AD2 must be under a certain word count and page limit, appellate briefs filed in AD3 and AD4 only have a page limit. Thus, there are no word count certification forms (i.e., Printing Specification Statement or Certificate of Compliance) necessary in AD3 and AD4.    

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