THE APPELLATE INSIDER BLOG

Home / Blogs / The September Term in the Appellate Division, First Department

The September Term in the Appellate Division, First Department

by | May 31, 2018

As you are probably aware, the upcoming September Term is the first Appellate Division, First Department filing deadline since the June Term. Essentially, the significance of the September Term lies simply in the fact that since there are no appeals heard or submitted (Terms) during July or August, the September Term tends to quickly become overloaded with appellate filings.  The reason for the filing crunch is that those who missed filing for the June Term, as well as those appeals which were bounced by the Appellate Division, First Department from the June Term, are all vying for a spot on the September Term calendar.  In other words, every Record and Brief which is filed between March 18 and July 7, 2018 (the “Break Period”) are all (in theory) calendared for the September Term.

Of course, in reality, the September Term, as is true in every other Term, has a finite amount of space on the calendar for appeals to be heard.  Thus, it is inevitable that a number of appeals filed for the September Term may in fact ultimately be bounced by the Appellate Division, First Department to the October Term.  This in turn will mean that you might not have your appeal decided until the end of the year (or perhaps even the beginning of 2019).  It is prudent, therefore, to file sooner rather than later in the September Term and not necessarily wait until the July 7, 2018 deadline.  You may in fact be providing more time for the Respondent to put in an opposing brief (the Respondent’s Brief deadline is August 6, 2018), but you’re reducing the likelihood that your appeal will be bounced to the October Term.

It should be noted, of course, that there is no guarantee that the appeal will not be bounced even if you do, in fact, file prior to July 7, 2018.  But some feel that it is worth a shot.

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