Important Practice Updates from the Appellate Divisions
Appellate Divison,First Department
AD1 2.0 – First Department Operations During the 2023 Terms - Updated October 4, 2023 Oral Arguments - Appeals Oral arguments will be held in-person at the courthouse located at 27 Madison Avenue. As usual, oral arguments will take place on Tuesdays, Wednesdays, and Thursdays at 2:00 p.m., and if necessary, on Fridays at 10:00 a.m.
Hard Copy Submissions - NEW Briefs, Records and Appendices. Effective November 6, 2023, no hard copies of records and briefs shall be filed with the court in matters that are electronically filed. Motions and Original Proceedings. Motions and applications, and original proceedings shall be filed in digital form only (via NYSCEF or Digital Submission Portal). No hard copy submission is required unless requested by the Court.
Procedures for Interim Relief Applications - NEW An application for interim relief shall be e-filed and accepted for filing before it is entertained by Court. Reasonable notice shall be given to the other parties as required by Rule 1250.4(b). Once the application has been processed, if the Court wants to hear oral argument, the parties will be informed of the date and time when the application will be heard. If the parties prefer to be heard virtually instead of inperson, a request for virtual participation shall be made in the interim relief application.
Pre-argument Conference Program Until further notice, the Pre-argument Conference Program will continue to hold conferences remotely via Microsoft Teams and other virtual platforms. (see https://www.nycourts.gov/courts/ad1/PDFs/AD1-2.0September2023.pdf)
Appellate Divison, Second Department
As of Monday, October 23, 2023, the Appellate Divison, Second Department no longer virtually entertain applications or orders to show cause containing requests for a temporary stay or for interim relief pending determination of a motion, or applications pursuant to CPLR 5704. In accordance with the Practice Rules of the Appellate Division, 22 NYCRR 1250.4(b), such applications or orders to show cause must be presented in person unless the Court excuses such an appearance. Counsel and self-represented litigants should consult 22 NYCRR 670.4 and 22 NYCRR 1250.4 and/or contact the Clerk’s Office for additional guidance. (https://www.nycourts.gov/courts/ad2/)
Beginning September 6, 2022, all oral arguments on appeals at the Appellate Division, Second Judicial Department will resume in person at the courthouse located at 45 Monroe Place, Brooklyn, New York or at such alternate locations as may be announced by the Court. (https://www.nycourts.gov/courts/ad2/09.06.2022.REVISED081722.Resume_in_person_Oral_Arguments.covid.vaxcard.protocol.pdf)
Appellate Divison, Third Department
Requests to Appear Remotely for Oral Argument* The Third Department hears oral arguments in person at the Robert Abrams Building for Law and Justice in Albany. The Court encourages in-person appearances for oral argument, to the extent possible and practicable. However, in the interest of promoting access to justice, the Court may also permit remote oral arguments under certain circumstances. To request permission to appear remotely for oral argument, please email the Third Department's Clerk's Office at [email protected] as soon as your case is calendared for a term, on notice to all parties, and set forth the reason(s) that you are requesting to appear remotely. (www.nycourts.gov/ad3) October 5, 2023
Appellate Divison, Fourth Department The Fourth Department's dedication to providing an efficient and adaptable appellate process has led to the continuation of hybrid oral arguments for the Fall 2023 terms. The data collected during the pilot period supports this decision, showcasing the effectiveness of this model in ensuring accessibility, convenience, and robust participation.- Tue Aug 22 2023