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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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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Benefits of OCR PDF Electronic Copies vs Scanned PDF Electronic Copies

Optical Character Recognition (OCR) OCR PDF copies are electronic conversions of scanned images of printed text into encoded text. These texts can be electronically searched and stored more compactly. Portable Document Format (PDF) Basic PDF files come in two primary formats – non-linear (not “optimized”) and linear (“optimized”). Non-linear files consume less disk space than …

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