As the country and the world begins to find a semblance of normalcy in the abnormal, Avalon would like to share some information regarding the various Appellate Divisions throughout the State of New York.

At the end of April, the courts began opening throughout the state, however, no two courts have the same procedure in place. We suggest you visit the various Appellate Division websites, as they have been updating regularly with procedures and calendars, but here’s a helpful summary:

First Department: (As of 4.21.20) While the First Department is prohibiting the filing of hardcopies the digital component is still required. If you have an appeal subject to mandatory e-filing regulations, you must still electronically file that in accordance with the rules of the court. All appeals not subject to mandatory e-filing must be emailed to the first department (the email addresses are as follows):

              CIVIL: email to AD1copy-civil@nycourts.gov and AD-1-clerksoffice@nycourts.gov

              CRIMINAL: email to AD1copy-criminal@nycourts.gov and AD-1-clerksoffice@nycourts.gov

              FAMILY: email to AD1Copy-family@nycourts.gov and AD-1-clerksoffice@nycourts.gov

Second Department: While the Second Department has begun to operate virtually, much like the other Appellate Divisions, we have yet to see an official “we’re open for business” release like we have for the other courts. We urge you to watch the court’s website as we are sure they will be making that jump soon as well.

Third Department: (As of 4.20.20) The Court is still indefinitely suspending their filing and perfection deadlines (unless otherwise directed by the court). The court is accepting filings of briefs and records, but reminds everyone that because of the reduction in staff, that processing of these documents may be delayed.  

Fourth Department: (As of 4.17.20) The Fourth Department has lifted its suspension of deadlines, and even provided a handy list of when your appeal is now due based on your old due date (this is copied straight from the order of the fourth department and can be found on its website). 

                   If your deadline to perfect was/is:                              Your new deadline to perfect is:

                        On or before March 20, 2020                                                May 19, 2020

                        March 23 to March 27, 2020                                                   May 26, 2020

                        March 30 to April 3, 2020                                                       June 2, 2020

                        April 6 to April 10, 2020                                                          June 9, 2020

                        April 13 to April 17, 2020                                                          June 16, 2020

                        April 20 to May 22, 2020                                                         May 26, 2020

If your deadline to perfect is after May 22, 2020, that deadline remains in place.

June 2020 Term Respondent’s and Reply Briefs. Matters previously scheduled to be considered during the Court’s May 2020 term will now be considered during a new June 2020 term, scheduled for June 22 to July 2, 2020. If not yet filed, a respondent’s brief in a June term case is due by May 18, 2020, and a reply brief is due within 10 days of service of a respondent’s brief, consistent with 22 NYCRR 1250.9 (d). In matters in which a respondent’s brief was previously filed, a reply brief is due by May 1, 2020. For any brief filed hereafter in conjunction with June 2020 term matters, the Court has waived the hard copy filing requirement in 22 NYCRR 1250.9 (c) and (d), although proof of service of a digital copy of the brief on each other party to the appeal is required.

Other Respondent’s and Reply Briefs. In all other matters perfected prior to April 17, 2020, a respondent’s brief, if not yet filed, is due by May 26, 2020, and a reply brief is due within 10 days of service of a respondent’s brief, consistent with 22 NYCRR 1250.9 (d). In matters in which a respondent’s brief was previously filed, a reply brief is due by May 8, 2020. For any brief filed hereafter in conjunction with matters calendared in any term of the Court prior to the June 2020 term, the Court has waived the hard copy filing requirement in 22 NYCRR 1250.9 (c) and (d), although proof of service of a digital copy of the brief on each other party to the appeal is required.

Regardless of whether you have your appeal done and ready to go now or closer to the new deadline, Avalon will be more than happy to assist you in perfecting the appeal to the new digital standards that have been imposed by the Appellate Divisions.

Feel free to contact our appellate publishing specialist, Matt Magill, at 315.471.3333, if you have any questions about our procedure or would like a quote.