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Proper Motion Practice Techniques for the New York Appellate Division and NYSCA

by | May 2, 2019

The single greatest difference between the Appellate Division and the Court of Appeals motion practice is that Appellate Division motions are submitted on a serve one/file one basis under a legal back or directly through the NYSCEF system if the case is eligible for NYSCEF filing, whereas Court of Appeals motions are submitted in brief form, serving two and filing seven. Service requirements are calculated in the same manner, with eight days’ notice required if service is by hand and 13 days required if service is by mail. Overnight service adds one day to the by-hand service requirement.

All motions in AD1 and AD2 are returnable on any Monday. All Court of Appeals motions must be made returnable for a Monday, and said return date should be as close to 14 days from the date of service as practicable. All motions regarding Appellate Division orders must be served within 30 days (plus five if served by mail) of the date on the face of the notice of entry served with the motion’s subject order.

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