By: Jennifer Nigro, Esq.
As of Monday, May 4th, the Appellate Divisions will permit new notices of appeal to be filed either electronically through NYSCEF. The First and Second departments have their own current rules and procedures regarding deadlines and submissions as follows:
The First Department (which covers cases in Manhattan and the Bronx) issued deadlines for response and reply briefs on appeals for the June 2020 Term. Respondent briefs are due May 8th and reply briefs are due June 18th. Special terms have been set for May and June. Appeals scheduled for the May and June special terms will be decided on submission, without oral argument, unless the parties request argument via Skype. Other deadlines, including deadlines to perfect, remain suspended, as do hard copy filing requirements, until further notice. The Court, however, is encouraging parties to file digitally via NYSCEF in certain cases or by designated email address for cases not subject to mandatory e-filing. For more information, please visit: http://www.courts.state.ny.us/courts/ad1/
The Second Department (which covers cases in Queens, Brooklyn, Staten Island, Long Island, Dutchess, Orange, Putnam, Rockland and Westchester counties) is also encouraging parties to file electronically prior to the expiration of tolling periods, as paper copy requirements are still suspended. Deadlines, including deadlines to perfect appeals, to file response and replies, remain suspended until further notice. Appellate arguments on fully submitted appeals are being calendared. Like the First Department, fully submitted appeals will be decided on submission unless a Skype argument is requested by the parties. The Court has resumed its regular appeal decision release schedule and is available for emergency applications via electronic submissions and appearances via teleconference or video conference. For more information, please visit: http://www.courts.state.ny.us/courts/ad2/