ERIC J. KUPERMAN, ESQ. | Executive Vice President of Appellate Services | PHP
You may have noticed a change (among many) to the NYSCEF system recently with respect to entering contact information for Respondents and Other Parties at the Appellate Division via NYSCEF. In the past, clients would contact me in a panic advising that they heard that an appeal had been perfected (or was being perfected) and that they were not yet registered and needed my assistance. In a matter of seconds, I was able to look up the case number provided and then add them via NYSCEF so that they were listed thereafter. This gave them tremendous peace of mind because of my ability to easily assist.
For reasons known only to the Court, that is no longer possible. When logging into NYSCEF, the ability to enter contact information for Respondent and other parties is now available only to the attorneys once they are logged in with their credentials. Thus, while we continue to be able to initialize Notices of Appeal pursuant to a fully executed Appellate Division Authorization, the same is not the case with respect to entering Respondents’ information under a particular Case Number.
The solution to this small, but significant, hurdle is easy, but I would urge you to call or email me immediately once you are aware of your adversary having filed a Notice of Appeal in Supreme Court and subsequently initializing it in the Appellate Division. I’ll walk you through entering your own contact information for the Respondent and then you’ll be all set.
At the end of the day, it is critical for would-be Respondents’ Counsel to be registered so that they are aware of any filings (including perfection of the appeal) under the Case Number assigned. Without noting their appearance under the Case Number and noting which party they represent; an appeal may proceed without the knowledge that it was ever perfected in the first place. This would leave the attorney in the undesirable and embarrassing position of having to explain to his client why he didn’t oppose the Appellant’s appeal at all.