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Counsel for appellant or an unrepresented litigant who voluntarily participates in e-filing will receive a “calendar number” from the Court. Within seven (7) days of receipt of the “calendar number”, counsel for appellant or an unrepresented litigant who voluntarily...
What are the Consequences for not Consulting with each Appellant when Perfecting a Joint Record in the Appellate Division Second Department?
PAUL LAMAR | EXECUTIVE VICE PRESIDENT OF APPELLATE SERVICES | PHP I have been handling appeals in the Appellate Division-Second Department for over 20 years and in all that time the most prominent issue which I have found is when it comes to preparing a Joint Record...
Sometimes filings contain errors on NYSCEF. If the clerk detects some defects in documents that have been e-filed, such as if papers for a different case are inadvertently attached the clerk may inform the filer and request that a corrected copy of those documents be...
In cases where a Joint Record or Joint Appendix is warranted, the Appellant, Cross and/or Co-Appellants are responsible for assembling the Joint Record or Joint Appendix. The cost should be split between the appealing attorneys in the Appellate Division First and...
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.
How does one request Oral Argument in the New York State Appellate Division?
MARIA ANDRADES | DIRECTOR OF OPERATIONS | PHP The method for requesting oral argument to the Appellate Division has become universal after the court’s Practice Rules of the Appellate Division 22 NYCRR Part 1250 were implemented. All four Appellate Division Courts and...
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