Enlargements of Time at the New York State Appellate Division, First Department

Requests for enlargements of time to perfect an appeal in the New York State Appellate Division, First Department must be made by motion. I have never seen nor heard of a first request for an enlargement of time being denied. Moreover, I have never heard of a second request for an enlargement of time being denied. However, it is strongly advisable for the attorney requesting the enlargement to furnish the Court with a good reason for needing the extra time to perfect the appeal.

Never assume that simply reciting that the enlargement is needed “for good cause” will suffice. When parties are at strict odds, motions lacking proper explanations as to why the extra time is necessary can get opposed by the Respondent. In such an instance, the Court can deny the motion requesting an enlargement of time with leave to renew and file another request as long as counsel includes an affirmation setting forth specific reasons why additional time is needed.

Upon resubmission of the motion and absent any further opposition from the Respondent, the Court may eventually grant the motion. However, by then, both time and money have been wasted simply because counsel neglected to include an adequate explanation. As a general rule of thumb:  if you plan to request additional time from the Court, be sure to clearly demonstrate why the extension is necessary.

 

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