THE APPELLATE INSIDER BLOG
CONTENT. CONVERSATION.
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Wednesday Wisdom
Wednesday Wisdom According to Part 500.11 (j) of the Rules of Practice for the Court of Appeals of the State of New York, the Attorney General of the State of New York may file, no later than the filing date set for respondent's submission, an original and two copies...
Appellate Division, First and Second Departments: Ensuring that the Co-Appellant or Cross-Appellant Shares in the Cost of the Joint Record/Appendix.
Appellate Division, First Department: “The parties shall consult and thereafter file a joint record or joint appendix …The cost of the joint record or joint appendix and the transcript, if any, shall be borne equally among the parties. (see ‘600.11(d))” Appellate...
Wednesday Wisdom
According to the Formatting Specifications and Guidelines for Electronically Filed Documents of AD1, each volume of a multi-volume record or appendix shall be e-filed in separate PDFs. For example, a three-volume record shall have three separate PDFs and shall not be...
Monday Motivation
Monday Motivation "I have not failed. I've just found 10,000 ways that won't work." --Thomas A. Edison
The Written and Unwritten Rules of Filing Appellate Briefs in the NYS Appellate Division – First & Second Departments
The Written and Unwritten Rules of Filing Appellate Briefs in the NYS Appellate Division - First & Second Departments For the most part, in the First and Second Departments the content, formatting and guidelines for all briefs are identical. However, there are a few...
Wednesday Wisdom
Wednesday Wisdom According to Section 731.11 of the RULES OF PRACTICE FOR THE SECOND, ELEVENTH AND THIRTEENTH JUDICIAL DISTRICTS in AT2, Motions to reargue a cause or to resettle an order or to amend a decision shall be made within 30 days after the cause shall have...
Monday Motivation
Monday Motivation "Opportunities don't happen, you create them." --Chris Grosser
Electronic Filing Questions
Ever since electronic filing has been instituted at the Appellate Division level I have had a number of attorneys call and ask me to assist them on a number of matters. Q: If I am filing a Brief in the Appellate Division-Second Department does my Brief need to be...
Wednesday Wisdom
Wednesday Wisdom In AD4, except in those appeals in which permission to proceed as a poor person has been granted, the cover of a hard copy brief of an appellant or petitioner shall be blue; the cover of a hard copy brief of a respondent shall be red; the cover of a...
Monday Motivation
Monday Motivation "Whenever you see a successful person you only see the public glories, never the private sacrifices to reach them." --Vaibhav Shah
Second Department amends its Rules of Practice regarding Supplemental Records
On June 12, 2019, the Second Department amended its Rules of Practice to address the filing of supplemental records. The amendment, which adds section 670.7 to the Court’s Local Rules of Practice, sets forth the circumstances under which a supplemental record shall be...
Wednesday Wisdom
Wednesday Wisdom Updates to Section 670.7 in AD2 (a) A supplemental record shall only be accepted for filing in the following circumstances: (i) where directed or permitted by order of the court; or (ii) where accompanied by a stipulation in which it is agreed that...