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WHAT WILL HAPPEN IF COUNSEL FOR APPELLANT DOES NOT ENTER THE INITIAL INFORMATION REQUIRED UNDER SECTION 1245.3(A)?

WHAT WILL HAPPEN IF COUNSEL FOR APPELLANT DOES NOT ENTER THE INITIAL INFORMATION REQUIRED UNDER SECTION 1245.3(A)?

by Eric Kuperman, Esq. | Jul 16, 2020 | All, Appellate Procedure

With the onset of electronic filing in the Appellate Division during the course of the past year, very specific rules regarding preliminary e-filing requirements in the Appellate Division have been promulgated. Specifically, section 1245.3(a) of the Electronic Filing...
Perfecting an Appeal via NYSCEF (Efiling)- Nuts and Bolts in AD1 and AD2

Perfecting an Appeal via NYSCEF (Efiling)- Nuts and Bolts in AD1 and AD2

by Eric Kuperman, Esq. | Apr 2, 2020 | All, Appellate Procedure

Efiling in the Appellate Division has taken the New York State legal community by storm and has resulted in rule changes across the board with respect to perfecting appeals.  This article will address the basic requirements of efiling your appeals in AD1 and AD2 and...
NYS Appellate Division First Department – Are Photographs Permitted to be Included in a Brief?

NYS Appellate Division First Department – Are Photographs Permitted to be Included in a Brief?

by Eric Kuperman, Esq. | Sep 12, 2019 | All, Appellate Procedure

I was recently asked by a client whether the Appellate Division, First Department would permit him to include a photograph within the text of his brief. Specifically, he wanted to “paint a picture” of a scene which was completely relevant rather than just describe the...
Motions for Leave to Appeal to the Court of Appeals of the State of New York

Motions for Leave to Appeal to the Court of Appeals of the State of New York

by Eric Kuperman, Esq. | May 9, 2019 | All, Appellate Procedure

Motions for Leave to Appeal to the Court of Appeals of the State of New York (hereinafter, the “NYSCA”) are one of the few instances in the law (if not the only one) where an attorney has two bites at the apple. To wit, the losing attorney at the Appellate Division...
Second Circuit Nuance Regarding Rejected Filings

Second Circuit Nuance Regarding Rejected Filings

by Eric Kuperman, Esq. | Mar 7, 2019 | All, Appellate Procedure

The Second Circuit Court of Appeals notes specific deadlines with respect to timing of Appellant, Appellee and Reply Briefs (as well as for other filings). The deadlines for each subsequent brief (after the primary Appellant’s Brief) are measured from the date on...
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