In order to increase the chance of success and minimize the risk of rejection, attorneys unfamiliar with appellate procedure should greatly consider hiring an appellate specialist to handle the perfecting of their appeals.
Using the Appendix method when perfecting an appeal (as opposed to a Record on Appeal) can provide a more cost efficient experience, but one must keep in mind the required subpoena costs.
It is best to confer with your co-/cross-appellant prior to filing a Joint Record or Joint Appendix to ensure that payment costs are shared.
Motions served and filed at the Appellate Division level are submitted on a legal back, while motions served and filed at the New York State Court of Appeals level must be submitted in the form of a brief with a typeset cover.
When filing appellate briefs in an AD1 appeal with multiple appellants (co-appellants and cross-appellants), creating a briefing schedule is not obligatory, however, it would eliminate many timing issues if one were created.
It is best to provide unpublished decisions cited in your appellate brief in a separate volume as AD1 and AD2 will most likely discard any addendum attached directly to the brief.
The procedure for requesting extensions varies between AD1 and AD2 so be sure to verify the correct method prior to your request.
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.