by John McGorty | Dec 20, 2018 | All, Appellate Procedure
How does one seek emergency relief from the Appellate Division? There are essentially two different procedures to follow in the New York State Appellate Division, First and Second Departments depending on where you are seeking relief....
by John McGorty | Nov 15, 2018 | All, Appellate Procedure
Extensions are more easily obtained in the New York State Court of Appeals than in the four departments of the Appellate Division. The Clerk of the Court is authorized to grant, for good cause shown, a reasonable extension of time for filing papers on an appeal. A...
by John McGorty | Oct 4, 2018 | All, Appellate Procedure
Typically, attorneys request oral argument time for their appeals (as opposed to filing on submission) in the Appellate Division, First and Second Departments. The First Department identifies “enumerated” appeals in § 600.4(a). These appeals are entitled to argument...
by John McGorty | May 31, 2018 | All, Appellate Procedure
As you are probably aware, the upcoming September Term is the first Appellate Division, First Department filing deadline since the June Term. Essentially, the significance of the September Term lies simply in the fact that since there are no appeals heard or submitted...
by John McGorty | Feb 2, 2018 | All, Appellate Procedure
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...
