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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Wednesday Wisdom

  When perfecting an appeal in the Appellate Division, First Department, the lower court index number is used to identify all of the documents filed. However, after filing a notice of appeal to be perfected at the Appellate Division, Second Department, a docket number will be issued.    

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Wednesday Wisdom

  In AD1 and AD2, attorneys writing their briefs with mono-spaced fonts (e.g. Courier New) must use 12 point font for the body with footnotes no smaller than 10 point font. Attorneys writing their briefs with proportionally spaced fonts (e.g. Times New Roman) must use 14 point font with footnotes no smaller than 12 point font. …

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Wednesday Wisdom

  Remember that the deadline to file a Record on Appeal/Appendix and Brief is calculated from the date printed on the Notice of Appeal–not the date it was stamped filed with the Court. If you draft a Notice of Appeal and file it days later, be sure to update the date that is printed on …

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Wednesday Wisdom

  When using the Appendix Method to perfect an appeal in AD1 or AD2, the lower court file must be subpoenaed to the Appellate Division. Remember that subpoena fees vary from county to county, so it is important to confirm the correct cost with your PrintingHouse Press Appellate Consultant.    

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Wednesday Wisdom

  When computing the word count for your AD1 and AD2 Appellate Briefs, remember to include the footnotes in the final count. Neglecting to do so from the start can result in a brief that is over the 14,000 (Appellant/Respondent Briefs) and 7,000 (Reply Brief) word limits.    

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Wednesday Wisdom

  In AD1, AD2 and AD3, a certification pursuant to CPLR §2105 is included in a Record on Appeal to verify that it is comprised of complete copies of original documents from the lower Court file. AD4, however, requires that the parties involved in an appeal execute a stipulation pursuant to CPLR §5532 in place …

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