FOURTH DEPARTMENT EXPANDS OPERATIONS AS A VIRTUAL COURT:
In light of the ongoing public health emergency in New York State, the Governor’s Executive Orders relative to “New York State on PAUSE,” and the expansion of the court system’s “virtual court” system beyond the limited categories of essential and emergency matters, as of April 13, 2020 the Appellate Division, Fourth Department, like other courts throughout New York State, has begun to operate as a “virtual court” and is expanding the operations of the Court and its ancillary agencies. Although there may be slight delays in providing certain Court services because almost all Court staff are working remotely, the Court is resuming the calendaring of appeals and motions and the admission of successful candidates to the bar.
Appeals and Motions
All matters previously scheduled for the May 2020 term were adjourned and are now re-calendared for a June 2020 term scheduled for June 22 to July 2, 2020. Parties are encouraged to consider submitting matters for the Court’s consideration without requesting oral argument. Any oral argument in the June 2020 term will be conducted via videoconference or teleconference, and will be streamed on the Court’s website. Parties who have requested oral argument for matters calendared in the June 2020 term will receive instruction on the specific rules for remote oral argument and the technology required for participation.
The Court has rescinded its March 17, 2020 order suspending most deadlines for perfection and filing, and has set forth new deadlines for perfection and filing. The April 17, 2020 order and schedule establishing the new deadlines is found here.
The Court will announce plans for future terms as soon as possible.
After exploring issues of public and staff safety, considering the advice of public health officials, and weighing relevant mitigation steps with respect to the novel coronavirus and its transmission, filing of hard copy records, appendices, briefs and motions is once again permitted as directed or required by order, rule, or statute. For any briefs filed hereafter in conjunction with matters calendared for the June 2020 term or any prior term of the Court, the hard copy filing requirement in 22 NYCRR 1250.9 (c) and (d) has been waived, although proof of service of a digital copy of the brief on each other party to the appeal is required.
In matters subject to mandatory e-filing, all filings (appeals, motions, and applications) must be made via NYSCEF in accordance with the procedural and electronic rules of the Court.
In matters subject to voluntary or consensual e-filing, parties are encouraged to make all filings via NYSCEF in accordance with the procedural and electronic rules of the Court.
For matters not subject to e-filing, parties must comply with the digital copy filing requirements for records and briefs in 22 NYCRR 1250.9, except as noted above.
Parties are encouraged to file documents in digital format to the extent practicable.
As outlined in the April 7, 2020 Joint Statement of the Presiding Justices, the Court is once again actively processing attorney admission applications, and candidates for admission will be interviewed virtually to the extent deemed necessary by the Committees on Character and Fitness. The Court will hold two virtual admission ceremonies for successful candidates for admission to the bar on June 15, 2020. Candidates to be admitted on that date will be notified as soon as possible of the time of their virtual ceremony and the technology required for participation. More information concerning these admission ceremonies will also be posted on the Court’s website in coming weeks.
For additional information, please contact the Clerk’s office at 585-530-3100, or visit the Court’s website at ad4.nycourts.gov. The Court appreciates your patience in this difficult time.