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    • What must be in the Reproduced Full Record
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    • Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
    • Mandatory Electronic filing (e-filing): First Department
    • Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters
    • Electronic filing (e-filing): First Department New and Amended Local Rules
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    • The "Necessarily Affects" Requirement of the Court of Appeals
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  • New York Court System Site Map
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  • Hague International Child Abduction Convention cases from 2011 to date.
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Instructions for Perfecting E-filed Appeals in the First Department


Instructions for E-filed Appeals in the First Department

Serve Judgment with Notice of Entry
A party must serve a copy of the order/judgment and notice of its entry (CPLR 5513).
E-Filing Rules provide that such service may be made either by:
(1) posting the documents to NYSCEF and thereby causing them automatically to
be served via NYSCEF on all participating parties in the case, or
(2) serving them in hard copy by any method authorized by CPLR 2103.
In the latter case, proof of such hard copy service, clearly denominated as such,
must be filed thereafter with the NYSCEF system.
The order /judgment that was uploaded to NYSCEF by the County Clerk (or his or her

designee) does not constitute notice of entry thereof by any party.

DOCUMENTS MUST BE E-FILED IN TEXT-SEARCHABLE PORTABLE DOCUMENT FORMAT. (PDF-A)
Documents submitted via NYSCEF must have one-inch margins at the top, bottom, right and left sides.
An authorized e-filer may designate another person or entity, including an appellate printer, to e-file documents on his or her behalf.

SERVE AND FILE NOTICE OF APPEAL​

Notice of appeal for electronically filed cases, MUST BE FILED ELECTRONICALLY 
with the New York State Courts Electronic Filing System (NYSCEF) 
THE NOTICE OF APPEAL MUST BE SERVED AND FILED WITH PROOF OF SERVICE WITHIN 30 DAYS FROM THE DATE THE ORDER/JUDGMENT WAS SERVED WITH NOTICE OF ENTRY.


​Entry of Contact Information.

Within 14 days of filing a notice of appeal, counsel for the appellant or the petitioner must:
· Register or confirm registration as an authorized e-filer with NYSCEF; and
· File the notice of appeal on NYSCEF and enter party and case information as prompted.
A case number will be assigned by the court. You will receive notification of the case number.
· Within 7 days of receipt of notification of case number the appellant must serve the notification
of case number form upon all parties and upload proof of service to NYSCEF.
​

​NOTICE OF APPEAL - E-FILED CASES

􀁆 A completed informational statement
􀁆 A notice of appeal
􀁆 A copy of the entered order/judgment appealed from with notice of entry
􀁆 Proof of service is only required if any of the parties have opted out of e-filing
or if a pro-se litigant didn’t opt in for e-filing
􀁆 $65.00 filing fee (credit card or bank card accepted)



BRIEFS - E-FILED CASES APPELLATE DIVISION: FIRST DEPARTMENT

THE COURT REQUIRES 1 ORIGINAL + 5 PRINTED COPIES OF ALL BRIEFS THAT ARE E-FILED
Briefs must be reproduced on recycled paper and clearly indicate that on the cover.
No less than 1 inch margins, 8 1/2 x 11 inch paper
Fonts allowed: 14 pt. Times New Roman or 12 pt. Courier
No ALL CAPS or Bold are allowed in the body of the brief, but are permitted in point headings.

ARGUMENT REQUEST MUST BE MADE ON THE BRIEF.
Briefs may contain an addendum composed of decisions, statutes, ordinances, rules, regulations, local laws or other similar matter, cited therein that were NOT PUBLISHED or OTHERWISE READILY AVAILABLE.
Unless ordered by the court, briefs may not contain maps, photographs or other addenda. Charts are not permitted in the brief.
​

​Appellant’s Brief—14,000 word limit (Footnotes included)
Due within six months of the date of the notice of appeal.

􀁆 Cover—Requesting argument or submission and time request.
􀁆 Table of Contents
􀁆 Table of Authorities
􀁆 Questions Presented
􀁆 Nature of the case—A concise statement of nature and facts with references to page numbers in the record
􀁆 Argument—Divided into points with appropriate headings
􀁆 Conclusion—Original ink signature required on printed briefs
􀁆 Printing Specifications Statement—No signature required
􀁆 Statement Pursuant to CPLR §5531
􀁆 Final brief in PDF-A compliance shall be uploaded to NYSCEF. Within 2 days of acceptance by the clerk’s office, 6 printed copies must be delivered.


Respondent’s Brief—14,000 word limit (Footnotes included)
Due within the term deadlines marked by appellant’s note of issue (except where there is a court order or stipulation)

􀁆 Cover—Requesting argument or submission and time request
􀁆 Table of Contents
􀁆 Table of Authorities
􀁆 Counterstatement of questions presented (optional)
􀁆 Counterstatement of nature of the case (optional)
􀁆 Argument—Divided into points with appropriate headings
􀁆 Conclusion—Original ink signature required on printed briefs
􀁆 Printing Specifications Statement—No signature required
􀁆 Final brief in PDF-A compliance shall be uploaded to NYSCEF. Within 2 days of acceptance by the clerk’s office, 6 printed copies will be delivered.


Appellant’s Reply Brief—7,000 word limit (Footnotes included)
Due within the term deadlines marked by appellant’s note of issue (except where there is a court order or stipulation)

􀁆 Cover—Requesting argument or submission and time requested.
􀁆 Table of Contents
􀁆 Table of Authorities
􀁆 Argument—Clearly divided into points with no repetition of the arguments in the main brief.
􀁆 Conclusion—Original ink signature required on printed briefs.
􀁆 Printing Specifications Statement—No signature required
􀁆 Final brief in PDF-A compliance shall be uploaded to NYSCEF. Within 2 days of acceptance
by the clerk’s office, 6 printed copies will be delivered.


RECORD ON APPEAL -E-FILED CASES

The record on appeal shall consist of accurate reproductions of the papers and other exhibits from the court of original instance, upon which the judgment or order being appealed was founded. 
THE COURT REQUIRES 1 ORIGINAL + 5 PRINTED COPIES OF ALL RECORDS THAT ARE E-FILED
THE PRINTED RECORDS MUST BE DELIVERED TO THE COURT WITHIN 2 DAYS OF ACCEPTANCE BY THE COURT.
To the extent practicable, 2 sided printing is encouraged. Books must be printed on 8 1/2 x 11 inch recycled paper.
Volumes may not exceed two inches in thickness.

Appellant’s records are due within SIX months of the date of the notice of appeal.
Materials not submitted to the trial court are not part of the record.
Anything dated after the notice of appeal is not part of the record.

􀂃 $315.00 filing fee is paid directly on NYSCEF and is due upon filing.
􀂃 Transcripts must be settled at least 15 days before the date of filing the record. The court will not accept a record
when the transcript has not been appropriately settled.
􀂃 Enlargements of time:
Appellant’s requesting additional time must make an application to the court for 60 day .
Respondent’s and reply briefs can be stipulated to another term of the court. (Cannot stip to the June Term)
Respondent’s and reply briefs can be stipulated to be filed with a 1 week enlargement and stay on the same term.
All Briefs, records and appendices shall be bound on the left in a manner that will keep pages securely together, however use of any metal fastener or similar hard material that presents a bulky or sharp edge is prohibited.
Each endorsement required by CPLR 2101(d) shall include an e-mail address.

To be printed in the record: Appeal From a Final Judgment:

􀁆 Cover—must indicate recycled paper
􀁆 Table of contents
􀁆 Statement pursuant to CPLR §5531
􀁆 Notice of appeal
􀁆 Final Judgment being appealed
􀁆 Any opinion or decision in the cause
􀁆 Judgment roll
􀁆 Corrected/settled transcripts of proceeding (if applicable)
􀁆 Exhibits
􀁆 Post trial motions
􀁆 Statement settling transcript pursuant to CPLR §5525(c)
􀁆 Stipulation or order dispensing with reproducing exhibits
􀁆 Certification pursuant to CPLR §2105 or stipulation pursuant
to CPLR §5532
􀁆 Note of issue must be filed along with record, indicating which term of the court the appeal is noticed for.


To be printed in the record: Appeal From an Interlocutory Order:

􀁆 Cover—must indicate recycled paper
􀁆 Table of contents
􀁆 Statement pursuant to CPLR §5531
􀁆 Notice of appeal
􀁆 Order being appealed
􀁆 Motion papers/order to show cause
􀁆 Affidavits in support including exhibits, if any
􀁆 Affidavits in opposition including exhibits, if any
􀁆 Reply affidavits including exhibits, if any
􀁆 Certification pursuant to CPLR §2105 or
stipulation pursuant to CPLR §5532
􀁆 Note of issue must be filed along with record, indicating which term of the court the appeal is noticed for. 


APPENDIX

The appendix shall contain all portions of the record necessary to permit the court to fully consider the issues which will be raised by the appellant and respondent.
THE COURT REQUIRES 1 ORIGINAL + 5 PRINTED COPIES OF ALL RECORDS THAT ARE E-FILED
THE PRINTED RECORDS MUST BE DELIVERED TO THE COURT WITHIN 2 DAYS OF ACCEPTANCE BY THE COURT.
To the extent practicable, 2 sided printing is encouraged.
Books must be printed on 8 1/2 x 11 inch recycled paper.
Volumes may not exceed two inches in thickness.

Appellant’s appendices are due within SIX months of the date of the notice of appeal.
Materials not submitted to the trial court are not part of the appendix.
Anything dated after the notice of appeal is not part of the appendix.
The parties need not consult on whether to perfect upon the full Record or Appendix method, unless there is a cross-appeal.
The brief and appendix should not be bound together.

􀂃 $315.00 filing fee is paid directly on NYSCEF and is due upon filing.
􀂃 The full set of transcripts must be ordered and settled, even if not reproduced in the appendix
􀂃 Enlargements of time:
Appellant’s requesting additional time must make an application to the court for 60 days.
Respondent’s and reply briefs can be stipulated to another term of the court. (Cannot stip to the June Term)
Respondent’s and reply briefs can be stipulated to be filed with a 1 week enlargement and stay on the same term.
If appellant elects the appendix method, a subpoena must be sent to the court of original instance to have the
complete record sent to the Appellate Division, First Department.
Certain lower courts require that subpoena be so ordered by the First Department.

To be printed in the appendix:

􀁆 Cover—must indicate recycled paper
􀁆 Table of contents
􀁆 Statement pursuant to CPLR §5531
􀁆 Notice of appeal
􀁆 Judgment or order appealed from
􀁆 Any pleadings relevant to issues to be raised on appeal
􀁆 Any opinion or decision in the cause
􀁆 Motions with supporting, opposing and reply papers pertinent to issues on appeal
􀁆 Material excerpts from transcripts of testimony, such must contain portions upon which the appellant relies and upon which it may be reasonably assumed the respondent will rely.
􀁆 Copies of critical exhibits
􀁆 Statement settling transcript pursuant to CPLR §5525(c)
􀁆 Certification pursuant to CPLR §2105 or stipulation pursuant to CPLR §5532
􀁆 A complete copy of the transcript must accompany the appendix if the full transcript is not reproduced within.

FORMATTING REQUIREMENTS FOR E-FILED DOCUMENTS

Formatting Requirements for Documents Electronically Filed
1. General. In addition to compliance with the court’s general rules for document formatting,
e-filed documents filed pursuant to this Part shall
a. be identical in content to the hard copy;
b. comply with text searchable PDF archival format (PDF/A);
c. contain bookmarks linking the tables of contents of briefs and records to the
corresponding page of the document;
d. be paginated to correspond to the hard copy; and
e. be scanned at a resolution sufficient to ensure legibility.
3. Multiple Volumes. Each volume of a multi-volume record or appendix shall be
submitted as a separate e-filed document.
4. Corrections. Where the court directs filing of corrected documents, such corrected
documents shall be filed electronically and by hard copy.
5. PDF Initial View. The “initial view” of a PDF shall be the Bookmarks Panel and Page.
6. PDF File Size. E-filed documents shall each be no greater than 100MB in size

Electronic Filing Rules of the Appellate Division
  • Appellate Division First Department
  • Appellate Division Second Department
  • Appellate Division Third Department
  • Appellate Division Fourth Department
Forms
  • AD-EF-01 Notification of Case Number and Other Information in E-Filed Appeal or Transferred Matter
  • AD-EF-02 Notification of Case Number and Other Information in E-Filed Original Proceeding.
  • AD-EF-03A Statement of Authorization for Electronic Filing – Individual Attorney
  • AD-EF-03B  Statement of Authorization for Electronic Filing – Managing Attorney
  • AD-EF-03C Revocation of Authorization for Electronic Filing -Individual Attorney
  • AD-EF-03D  Revocation of Authorization for Electronic Filing – Managing Attorney
  • AD-EF-04 - Attorney Exception Certification
  • AD-EF-05 Notice of Hard Copy Submission -Efiled Matter
  • AD-EF-06 Notice of Intent to Cease E-Filing
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    • Emergency Court Applications
    • Enforcement of Judgments & Orders
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    • Equitable Distribution Law for Trial Counsel
    • Equitable Distribution Decisions Chart to January 1, 2023
    • Exclusive Occupancy of Marital Home
    • Frequently Asked Questions About Marriage, Divorce, Separation and Custody
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    • Maintenance Awards until 2016
    • Maintenance Awards on or after January 22, 2016
    • Maintenance, Special Relief & Spousal Support
    • Maintenance and Child Support New York Court System Tools
    • Marital Property, Separate Property and Property Distribution
    • Motion Practice
    • Modification of Maintenance and Child Support Orders and Judgments
    • Orders of Protection
    • Qualified Domestic Relations Orders
    • Retirement Benefits
    • Right to Counsel in Matrimonial Action
    • Role of the Attorney for the Child
    • Special Relief (life, health, accident, medical and dental insurance)
    • Social Security Benefits for Divorced Spouses
    • Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
    • Trial and Trial Testimony
    • Trial and Trial Testimony 2023 Update
    • Trial of a Divorce and Custody Action Website
    • Trial Evidence for Divorce and Family Law
    • Uniform Child Custody Jurisdiction & Enforcement Act Overview
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  • Appellate Practice
    • Important Practice Updates from the Appellate Divisions
    • Instructions for taking an Appeal to the Appellate Division
    • Taking an Appeal from Supreme Court under NYCSEF
    • Who is served with the notice of appeal?
    • Registration and Consent to Efiling by Respondents
    • Preserving the Right to Appeal
    • Appellate Division is Single Statewide Court
    • Appeals to the Appellate Division as of Right from the Supreme Court
    • Permissible Appellant—“Aggrieved party” and Mootness doctrine
    • Permissible Appellant - Appealable Judgment or Order
    • Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
    • Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
    • Appeals : Fundamental and Harmless Error
    • Appeals : Matrimonial Presumptions and the Burden of Proof
    • Appeals : Stare Decisis, Precedent and Dicta
    • Appeals : Understanding the Support Magistrate Objection Process
    • Appeals to the Appellate Division from Family Court
    • Perfecting the Appeal to the Appellate Division - Methods
    • Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
    • Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
    • Method of Settlement of the Transcript
    • Appeals to Appellate Division from Supreme Court by permission
    • Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
    • ​Form of Briefs and Appendices - CPLR
    • What must be in the Reproduced Full Record
    • What is the Judgment-roll?
    • What must be in the Appendix.
    • What must be in Briefs
    • Time, number and manner of filing of records, appendices and briefs
    • Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
    • Extension of time to perfect appeal
    • Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
    • First Department Requirement of note of issue
    • Stay of Enforcement of Order or Judgment Pending Appeal
    • Practice in the Appellate Division: What Laws Govern
    • Practice Rules of the Appellate Divison: Joint & Local Rules
    • Practice in the Appellate Division First Department New and Amended Local Rules June 25, 2021
    • Practice in the Appellate Division, First Department, Frequently asked questions
    • Practice in the Appellate Divison: Motions in the First Department
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    • Practice in the Appellate Division: Motions in the Third Department
    • Practice In The Appellate Division:Motions in the Fourth Department
    • Instructions for Taking an Appeal Frequently Asked Questions
    • Instructions for Perfecting an Appeal to the Appellate Division
    • Instructions to Perfect an Appeal in the Third Department
    • Instructions to perfect an appeal in the Fourth Department
    • Appellate Division Fourth Department Q & A
    • Universal E-filing in the Fourth Department
    • Standards of Appellate Review in Matrimonial Actions
    • Standards of Appellate Review of Custody Determinations
    • Standards of Appellate Review of Custody Determinations - Changed Circumstances during pendency of appeal
    • Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
    • Mandatory Electronic filing (e-filing): First Department
    • Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters
    • Electronic filing (e-filing): First Department New and Amended Local Rules
    • Electronic filing (e-filing): First Department Formatting Specifications
    • Electronic filing (e-filing): First Department Frequently Asked Questions
    • Electronic filing (e-filing): Second Department Technical Guidelines
    • Mandatory Electronic filing (e-filing): Second Department
    • Electronic filing (e-filing): First Department Motions Frequently Asked Questions
    • Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
    • Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
    • Electronic filing (e-filing): Third Department Motion FAQs
    • Mandatory Electronic filing (e-filing): Fourth Department
    • Electronic filing (e-filing): Fourth Department Motion FAQS
    • Electronic filing Authorization in matrimonial actions
    • E-filing Rules and Forms of the Appellate Division
    • Joel R. Brandes Reported Appeals
    • Court of Appeals Rules of Practice
    • How to take an Appeal to the Court of Appeals
    • Appeals as of Right to the Court of Appeals
    • Motions for Leave to Appeal to the Court of Appeals
    • Guidelines for Preparing a Motion for Leave to Appeal to the Court of Appeal
    • Rule 500.11 Review Alternate Procedure for Selected Appeals to the Court of Appeals
    • Appealability and Reviewability in the Court of Appeals
    • What is a Final Determination appealable to Court of Appeals?
    • The "Necessarily Affects" Requirement of the Court of Appeals
    • Filing of record material and briefs in normal course appeals to the Court of Appeals
    • Contents of Records, Appendices and Exhibits in Normal Course Appeals to the Court of Appeals
    • Content and form of Briefs in Normal Course Appeals to the Court of Appeals
    • Frequently Asked Questions for Civil and Criminal Appeals to the Court of Appeals
    • Civil Motions in the Court of Appeals Frequently Asked Questions
    • Court-Pass - Court of Appeals Digital Filing Frequently Asked Questions
    • Court of Appeals Portal for uploading companion digital submissions
    • Court of Appeals Court Pass Public Access and Search
  • Trial of a Divorce and Custody Action
  • ​New York Court System Links for Lawyers
  • New York Court Rules
  • Electronic Filing in Supreme Court Rules and FAQ's
  • Removal of NYCSEF Consent 22 NYCRR 202.16-c
  • Sending Documents to the Court Using EDDS
  • Family Court Official Forms
  • New York Courts Case Search Page for E-filed Case Files
  • New York Court System Site Map
  • New York Court Websites and Decisions
  • International Child Abduction Laws and Information
  • Hague International Child Abduction Convention cases from 2011 to date.
  • Table of Reported and Unreported Hague Convention Cases from 1988 until 2010
  • Who we are
  • Joel R. Brandes Curriculum vitae
  • Make an Appointment for a Consultation
  • Subscribe to Bits and Bytes™
  • Terms of Use Privacy Policy
  • Consultation Fee Payment
  • Untitled
  • New Page