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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.

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