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Wednesday Wisdom

Wednesday Wisdom If an attorney requests the Appellate Division, Second Department to issue a docket number early in an attempt to expediently file a Record/Appendix, the Court will expect those documents to be filed within the next few days. Failure to do so may...

What are Forms A, B, C and D at the Second Circuit?

When appealing a case in the Second Circuit, the Appellant must upload two forms to the Second Circuit’s ECF (electronic case filing) system prior to providing a scheduling notification pertaining to the appeal. Which two forms are required will depend on whether the...

Wednesday Wisdom

Wednesday If you are planning to seek emergency relief at the Appellate Division level remember that both the Order to Show Cause of the Appellate Division, Second Department and the Emergency Application of the Appellate Division, First Department must be filed in...

Motions to Strike or Dismiss and the Likelihood of Success

Motions to “Strike a Brief” are rarely filed, and ultimately, almost never granted in full. However, it is common for a motion to “Strike,” or to “Dismiss an Appeal” to be granted in part. Typically, these motions would only be considered when too many documents were...

Wednesday Wisdom

Once registered on NYSCEF, all reliefs must be filed via NYSCEF. Motions must be one PDF file, text searchable and bookmarked to be e-filed on NYSCEF or through any Court’s portal at the appellate level.