How to Obtain Extensions of Time for Filing Records & Appendices in the NYSCA

Extensions are more easily obtained in the New York State Court of Appeals than in the four departments of the Appellate Division. The Clerk of the Court is authorized to grant, for good cause shown, a reasonable extension of time for filing papers on an appeal. A request for an extension may be made by telephone call to the Clerk’s Office. Before calling the Clerk’s Office the party must contact all parties involved in the appeal, notify them of the request and obtain their position as to whether they consent to (or oppose) an extension. The party requesting an extension shall advise the Clerk of the Court of the position of each other party with regard to the request. A party granted an extension shall file a confirmation letter, with proof of service of one copy on each other party. In some instances the Court will notify all of the parties regarding their determination of the request directly. In this case, the party requesting the extension does not have to serve the other parties with a copy of the confirmation letter.