Proper Motion Practice Techniques for the New York State Appellate Division and NYSCA

The single greatest difference between the Appellate Division and the Court of Appeals motion practice is that Appellate Division motions are submitted on a serve one/file one basis under a legal back, whereas Court of Appeals motions are submitted in brief form, serving two and filing seven. Service requirements are calculated in the same manner, with eight days’ notice required if service is by hand and thirteen days required if service is by mail. Overnight service adds one day to the by hand service requirement.

Motions in the Appellate Division are returnable any day of the week except during the summer, when they are returnable on Fridays. All Court of Appeals motions must be made returnable for a Monday, and the return date should be as close to 14 days from service as practicable. All motions regarding Appellate Division Orders must be served within thirty days (plus five if served by mail) of the date on the face of the notice of entry of the motion’s subject order.