THE APPELLATE INSIDER BLOG

Home / Blogs / Pilot Program Interlocutory Appeals from the Commercial Division

Pilot Program Interlocutory Appeals from the Commercial Division

by | Nov 5, 2021

by Eric J. Kuperman, Esq. | Executive Vice President of Sales

In an effort to streamline the appellate process for interlocutory appeals taken from the Commercial Division of the Supreme Court, the Appellate Division, First Department will begin a Pilot Program commencing on January 1, 2022. This will be in an effort to reduce the time within which an appeal from interlocutory Orders of the Commercial Division where the issues on appeal relate exclusively to discovery disputes (hereinafter “Discovery Appeals). The intention of this program is to shorten the time frame of perfection and resolution of Discovery Appeals so that the broader litigation matters in question are able to proceed more efficiently.

While the typical deadline for perfecting an appeal in AD1 is 6 months from the date of the Notice of Appeal, Discovery Appeals will have a 4 month deadline. The program will commence on January 1, 2022 and apply to Discovery Appeals in which a Notice of Appeal is dated January 1, 2022 or later.

Extensions of time (pursuant to the provisions of 22 NYCRR 1250.9(b)) will still be permissible.

Recent Posts

Wednesday Wisdom

When perfecting on the Appendix method, the Lower Court record must be subpoenaed from the county of original instance and sent to the Department in which the case is being heard. Please keep in mind each county has different charges in regard to subpoena fees.

Wednesday Wisdom

The court should be notified of any scheduling conflicts that fall within a specific day of the term scheduled for oral argument. In the First Department, the notification must be made by the deadline specified in the court’s term calendar. The Second Department...

INITIATING A NOTICE OF APPEAL IN THE NEW YORK COURT SYSTEM

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...

Blog Categories