THE APPELLATE INSIDER BLOG

Home / Blogs / APPELLATE DIVISION FIRST AND SECOND DEPARTMENTS: MULTIPLE APPELLANTS? IS A BRIEFING SCHEDULE A NECESSITY?

APPELLATE DIVISION FIRST AND SECOND DEPARTMENTS: MULTIPLE APPELLANTS? IS A BRIEFING SCHEDULE A NECESSITY?

by | Jan 11, 2024

VICTORIA RAMOS | Executive Vice President of Appellate Services | PHP

If you are an attorney admitted to practice outside of New York State, you may find yourself in the position where you must prosecute an appeal in the Appellate Division First or Second Department. Should you find yourself amongst this group, you may wonder what the procedure is to prosecute your appeal as the attorney of record. The answer may be simpler than you think. The Court requires that you request permission to be admitted pro hac vice. To do so, you must file a pro hac vice letter application.

It is important to note that even if you are admitted pro hac vice in the Court below, the Appellate Division still requires you to file a formal application requesting pro hac vice admission with the Appellate Division. Your letter application may include a supporting affidavit and must include a copy of your certificate of good standing. Most appeals in the First and Second Departments are required to be filed electronically via the New York State Court’s Electronic Filing System (NYSCEF). If your appeal is one of them, you must e-file your application under the corresponding Appellate Division docket number.

Many attorneys assume that they can list themselves as the arguing attorney for the appeal, although their application for pro hac vice admission is still pending. You may be surprised to learn that the Court must grant your application for pro hac vice admission before you can list yourself as the arguing attorney for the appeal in the First and Second Departments. With that said, it is imperative that you file your application as soon as possible to allow time for the Court to issue an order granting your application before the deadline to perfect your appeal or file a responsive brief.

Recent Posts

The Importance of Presentation in Appellate Cases

Everyone from Abraham Lincoln to Steve Jobs has been credited with coining some version of the adage, “The best way to predict the future is to create it.” No matter who said it first, the idea seems particularly apt for lawyers mounting an appeal. Consider one of the...

The Role of Expert Appellate Services in Winning Appeals

Winning an appeal requires a precise blend of meticulous preparation, strategic thinking, and deep familiarity with appellate procedures. Expert appellate services can play a crucial role in this journey, providing invaluable support to attorneys at every step of the...

Wednesday Wisdom

Co-Appellants should file together for the same term. However, if one of the co-appellants is not ready for the term intended, a stipulation may be signed by all parties involved and filed with the court consenting to the next term.

Wednesday Wisdom

Once registered on NYSCEF, all reliefs must be filed via NYSCEF. Motions must be one PDF file, text searchable and bookmarked to be e-filed on NYSCEF or through any court's portal at the appellate level.

Blog Categories