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E-filing an AD2 Appeal via the Appendix Method

by | Feb 28, 2019

When perfecting an appeal in Appellate Division Second Department (AD2) via the Appendix Method, Rule 670.9(b)(1) requires that “the appellant shall subpoena from the clerk of the court from which the appeal is taken all the papers constituting the record on appeal and cause them to be filed with the clerk of this court prior to the filing of the appendix.” As a practical matter, for non-efiled cases, PHPs practice is to bring a copy of the lower court-stamped copy of the subpoena to AD2 to prove to the Clerk’s office that the aforementioned rule has been satisfied and that the lower court record has, in fact, been subpoenaed to AD2. To the contrary, however, for AD2 e-filed cases (those commenced in Supreme/Surrogates Court, Westchester and/or Suffolk Counties), there is no need to upload, via NYSCEF, an electronic version of that Subpoena. Simply comply with the hard copy subpoena requirement (ie: file the subpoena in the Court of original instance) and e-filing the Appendix & Brief in the ordinary course.

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