The Appellate Division First and Second Department will allow out-of-state attorneys to appear as pro hac vice. An attorney in good standing admitted to practice law in the State of New York must make a formal letter application requesting that the out-of-state attorney be permitted to appear pro hac vice. The letter application must include an affirmation in support and the certificate of good standing for the attorney seeking to appear as pro hac vice. If the case is required to be electronically filed on the New York State Courts Electronic Filing Systems (NYSCEF), the court will require the letter application to be filed electronically.
To electronically file the letter application through NYSCEF, you should log into the system and select Appellate Court under the file documents section. A new page will open up where you must select the hyperlink, which reads “File to an existing appeal.” Next, the site will prompt you to enter the case information and select the option stating what you are filing. After entering all the relevant information you can proceed to the next page, which will prompt you to select the document type and upload it. Lastly, the site will allow you to review what you have entered and proceed to upload. The court will review the letter application and issue a letter granting or denying the application.