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How are Requests for Extensions Submitted in the Appellate Term First and Second Departments?

by | Feb 29, 2024

Paul LaMar | Executive Vice President of Appellate Services | PHP

In the Appellate Term-First Department normally there is no reason to request an extension of time to perfect the Record on Appeal and Appellant’s Brief since there is no specific deadline to perfect, unlike the Appellate Divisions which allows 6 months from the date listed on the Notice of Appeal. If a court orders the appeal on for some particular date and the Appellant still requires more time they would have to file a Motion for an extension. If the Appellant has perfected and the Respondent requires an extension of time then they can file a Stipulation signed by all the parties. Normally the Respondent can only stipulate to an additional 7 days to file their Brief. If more time is required they can as the Appellant to stipulate to the court’s next term. If the appellate refuses to stipulate then a Motion is required. The Stipulation can be e-mailed to the court at sfc-AT1@nycourts.gov. If filing a Motion hard copies are required by the court; at this time the court does not have an internal digital portal.

In the Appellate Term-Second Department there are 3 options to file for an extension of time: a Letter Application, Stipulation or Motion. The court prefers the Stipulation since the parties are in agreement and the matter is decided in a shorter period of time than with the Letter Application and/or Motion. The Stipulation or Letter Application can be e-mailed to the court at AT2-extensionoftime@nycourts.gov. If filing a Motion then the Appellant and/or Respondent would need to upload to the court’s digital internal portal or file a hard copy with the court.

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