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INITIATING A NOTICE OF APPEAL IN THE NEW YORK COURT SYSTEM

by | Apr 25, 2024

MARIA ANDRADES | Operations Manager | PHP

Initiating a Notice of Appeal in the New York court system requires careful attention to electronic filing rules, specifically outlined in §1245.3 of the joint rules of the Appellate Division. This rule reflects the shift towards electronic filing, placing a significant responsibility on lawyers representing the appellant or petitioner. Within 14 days of filing a notice of appeal or the court’s order granting leave to appeal or transferring a matter, attorneys must complete two critical steps.

First, they need to register or confirm their registration as authorized e-filers through NYSCEF (New York State Courts Electronic Filing system). Second, lawyers must input crucial case and party information into NYSCEF and e-file necessary documents following the court’s guidelines. Adhering to these electronic filing procedures within the specified timeframe is more than just a procedural requirement; it’s an essential tool for making the appeals process smoother. This underscores the growing importance of embracing technology in the legal field.

It’s crucial to note that the failure to register the notice of appeal on time, as emphasized in §1245.3, can lead to serious consequences. Missing the registration deadline complicates requests for additional time or withdrawal of the appeal. This step isn’t merely a formality; it plays a vital role in ensuring a streamlined and efficient legal journey. Therefore, timely registration isn’t just a rule to follow—it’s a safeguard against potential complications in the appellate process.

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