While there is no rule prohibiting the inclusion of Memoranda of Law at the Appellate Division, the court would prefer attorneys use sound reasoning and only include those with independent relevance.
While the Court’s rules of appellate procedure are of great importance, it is the ever-expanding requirements of the Court Clerks that prove to be the more arduous aspect for those unfamiliar with perfecting appeals.
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.