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Extending the Time to Perfect an Appeal and File a Respondent’s Brief in AD3 and AD4

by | Dec 13, 2018

Below are guidelines regarding how to request an extension of time to perfect an appeal or file a Respondent’s Brief in the Appellate Division, Third and Fourth Departments.

Perfecting an Appeal—Third and Fourth Departments. When seeking additional time to perfect an appeal in either of these departments, the Appellant must file a motion prior to the expiration of the nine-month deadline with a supporting affidavit stating the merits of the case and demonstrating a reasonable excuse for the delay. The supporting affidavit should also state the time in which the Appellant intends to perfect the appeal. The motion and the supporting papers need to be served upon all parties.

Filing a Respondent’s Brief—Third Department. When requesting extra time to serve and file a Respondent’s Brief in the Third Department, the Respondent may simply call the Court to request up to thirty additional days. Any time after the thirty days must be agreed upon with the adversary. In that case, the Respondent would then write a letter to the Court, copying all parties involved.

Filing a Respondent’s Brief—Fourth Department. In order to request an extension of time to file a Respondent’s Brief in the Fourth Department, the Respondent must serve and file a motion with a supporting affidavit stating the reasons for the request prior to the filing deadline.

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