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Wednesday Wisdom

Wednesday Wisdom

At the beginning January 1, 2022 the appellate division is implementing a pilot program where notices of appeals from interlocutory orders and only originating from the commercial division, must perfect within four (4) months.

Wednesday Wisdom

Wednesday Wisdom

At the appellate level, every department requires a word certification page to be filed with all briefs. The appellant and the respondent’s brief are limited to no more than 14, words. A reply brief is limited to no more than 7,000 words. The document required to be...

Wednesday Wisdom

Wednesday Wisdom

In any of the departments of the Appellate Division, once the initial info is recorded, Case Numbers are assigned fairly quickly. This is in contrast to hard copy notifications by AD2 being sent to lawyers with the same Case Number. The hard copy notification does,...

Wednesday Wisdom

Wednesday Wisdom

AD1 and AD2 routinely dismiss appeals that have not been timely perfected. In both courts the clerks make calendars of all civil appeals not perfected in a timely manner and publish those calendars in the New York Law Journal. After these notices have been published...

Wednesday Wisdom

Wednesday Wisdom

AD1 appeals are scheduled to be perfected by certain terms. AD2 An appeal must be perfected within six months of the date of the notice of appeal or order granting leave to appeal unless that time is extended by the court (22 NYCRR 1250.9[a]). For AD2, if the due date...