How to Determine the Filing Deadline for Respondent’s and Reply Briefs in the Appellate Division, Second Department

Determining a Respondent and/or Reply Brief deadline in the Appellate Division, Second Department (hereafter AD2) is quite different from the Appellate Division, First Department (hereafter AD1). While AD1 is controlled by a Term calendar, AD2’s deadlines are determined by the service/filing date and manner of service of the Appellant’s Record/Appendix and Brief.

In AD2, a Respondent’s Brief must be served upon the Appellant within thirty (30) days of service of the Appellant’s Brief. The Reply Brief must be served within ten (10) days of service of the Respondent’s Brief. Of course, if the foregoing results in a deadline falling on a Saturday, Sunday or holiday, the brief deadline is extended to the next business day.

As always, the above noted time restrictions are adjusted if service of the previously filed brief is via regular mail instead of by hand delivery. In that instance, five (5) days are to be added to the allotted deadline, resulting in thirty-five (35) days for service and filing of the Respondent’s Brief and fifteen (15) for the corresponding Reply Brief. If service is by overnight delivery, then one (1) day (rather than five (5)) is added.