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Amended Local Rules of Practice: Appellate Division Second Department

by | Nov 14, 2019

On October 16, 2019, the Second Department amended its Local Rules of Practice to address appeals in actions commenced under CPLR 214-g (New York Child Victims Act). That statute permits an action to recover damages for injuries allegedly “suffered as a result of  conduct which would constitute a sexual offense” under specified penal law provisions which would otherwise be barred by the statute of limitations to be commenced between August 2019 and August 2020. The statute only applies in situations where the victim/plaintiff was under the age of 18 at the time the injuries occurred. The statute further provides that such actions shall be expedited.

 

In keeping with the legislature’s intent, the Second Department has amended its local Rules of Practice to include appeals from orders and judgments issued in actions brought under CPLR 214-g to the class of appeals which are actively managed by the Court (see 22 NYCRR 670.3[b]). Underthe amended rules, the Court will be alerted to the existence of such an appeal by an appropriate markingon the Informational Statement filed with the Notice of Appeal (see 22 NYCRR 670.3[a]). The form informational statement, and the accompanying instructions have been amended accordingly.

 

If you have any questions regarding these amendments or any of the Court’s rules of practice, please contact the Court at ad2ClerksOffice@nycourts.gov or ad2clerk@nycourts.gov.

 

http://www.courts.state.ny.us/courts/ad2/CPLR_214-g.shtml

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