The Law Firm of Joel R. Brandes, P.C.
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    • Instructions for taking an Appeal to the Appellate Division
    • Who is served with the notice of appeal?
    • Registration and Consent to Efiling by Respondents Within 20 days of being served the notification of docket number
    • 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
    • Practice in the Appellate Divison: Motions in the Second Department
    • 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
    • Standard of Review— Appellate review of Custody Determinations
    • Standard of Review of Custody Determinations - Effect of 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 - June 1, 2020
    • Electronic filing (e-filing): First Department New and Amended Local Rules Updated June 25, 2021
    • 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
  • I. Appeals as of Right
  • II. Motions for Leave to Appeal
  • III. Guidelines for Preparing a Motion for Leave to AppeaNew Page
  • IV. Rule 500.11 Review Aternate Procedure for Selected Appeals
  • V. Appealability and Reviewability
  • VI. What is a Final Determination
  • VII. The "Necessarily Affects" Requirement
  • Filing of record material and briefs in normal course appeals and required copies
  • Contents of Records, appendices and exhibits in normal course appeals
  • Content and form of Briefs in normal course appeals
  • Civil and Criminal Appeals Frequently Asked Questions
  • Civil Motions Frequently Asked Questions
  • Court-Pass - Digital Filing Frequently Asked Questions
  • Court of Appeals Portal for uploading companion digital submissions
  • Court of Appeals Court Pass Public Access and Search
  • New York Divorce Law
    • Agreements Before & During Marriage
    • Custody & Visitation
    • Child Support Awards
    • Counsel Fee Awards
    • Enforcement of Judgments & Orders
    • Equitable Distribution
    • Equitable Distribution Law for Trial Counsel
    • Equitable Distribution Decisions Chart
    • Exclusive Occupancy of Marital Home
    • Grounds for Divorce
    • Maintenance Awards until 2016
    • Maintenance Awards after January 22, 2016
    • Modification of Maintenance and Child Support Orders and Judgments
    • Orders of Protection
    • Special Relief - Insurance
    • Spousal Support Awards
    • Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
    • Timetable For Service of Motion Papers
    • Uniform Child Custody Jurisdiction & Enforcement Act
  • Additional Articles and Information about New York Divorce & Family Law
    • Adoption Information
    • Antenuptial and Post Nuptial Agreements
    • Child Abuse & Prevention
    • Child Custody & Parental Alienation Information
    • Child Support
    • Common Law Marriage
    • Child Visitation Supervisors
    • Degrees & Licenses
    • Domestic Violence
    • Emergency Court Applications
    • Engagement gifts
    • Evidence Law
    • Family Court Proceedings
    • Federal Law Divorce Resources (Pension and Social Security)
    • Frequently Asked Questions
    • Grandparent and Non-Parent Visitation
    • Grounds for Divorce
    • Legal Fees, Liens & Sanctions
    • Litigation & Procedure
    • Maintenance and Child Support New York Court System Tools
    • Maintenance, Special Relief & Spousal Support
    • Marital Property and Property Distribution
    • New York Motion Practice
    • Professional Conduct
    • Retirement Benefits
    • Questions about Income Tax
    • Right to Counsel in Matrimonial Action
    • Role of the Attorney for the Child
    • Valuation Aids
  • ​New York Court System Links for Lawyers
  • New York Court Rules
  • New York Court Websites and Decisions
  • Electronic Filing in Supreme Court Rules and FAQ's
  • Using EDDS Electronic Delivery to Courts
  • New York Courts Case Search Page for E-filed Case Files
  • New York Court System Site Map
  • Family Court Official Forms
  • International Child Abduction Remedies
    • International Child Abduction
    • Hague International Child Abduction Convention cases from 2011 to date.
    • Hague international Child Abduction Table of Reported and Unreported Cases from 1988 until 2010
  • Site Map of The Law Firm of Joel R. Brandes PC website
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Practice in the Appellate Divison: Motions in the First Department


All motions are governed by the general provisions of the CPLR including CPLR 2214 and 2215.

In the First Department, the applicant will be required to complete a form, Summary Statement on Application for Expedited Service and/or Interim Relief.

Applications for interim relief must be made in person (unless the court excuses an appearance).
The moving papers – notice of motion papers or an order to show cause must include the information set forth in Section 1250.4(b)(1). The court has a form,  Summary Statement on Application for Expedited Service and/or Interim Relief,  which is also required. The form is available as a fillable PDF on the Court’s website.
 
Reasonable notice must be given to your adversary as to the day and time when the application will be presented.
 
The Court will not entertain ex parte applications. 
(See https://www.nycourts.gov/courts/AD1/Practice&Procedures/FAQNewPracticeRules.pdf)
 
An application or order to show cause presented for signature that includes a request for a temporary stay or other interim relief pending determination of a motion, or an application pursuant to CPLR 5704, shall be presented in person unless the court excuses such appearance. ( 22 NYCRR 1250.4(b)(1))
 
Motions in mandatory or voluntary/consensual e-filed matters have to be electronically filed. Motion papers should be filed together in one bookmarked and searchable PDF, linking to each separate supporting document/exhibit. A brief description of the bookmarked document should be included. For example – “ Exhibit A- Notice of Appeal.” One hard copy of an e-filed motion must be filed with the Court within two business days of receipt of email notification that the clerk has reviewed and processed the electronic version of the motion.

 The general rule is that applications for interim relief and the underlying motion papers must be e-filed. In the limited circumstance where a party seeking emergency relief is unable to comply with the e-filing requirements without being adversely affected, the Court will permit an interim relief application to be initially filed in hard copy and e-filed thereafter. If an interim application is initially filed in hard copy, it must be accompanied by a notice of hard copy submission on the form provided by the Court.
​(See http://nycourts.gov/courts/AD1/CourtInfo/FAQNewPracticeRules.pdf (Last accessed July 7, 2021)


Motion Formatting: Motion papers must be filed as one PDF, which must contain bookmarks linking to each supporting document/exhibit. A brief description of the bookmarked document should be included. For example – “Exhibit A – Notice of Appeal.”
(See https://www.nycourts.gov/courts/ad1/e-filing/efiling.shtml  (Last accessed July 11, 2021)

Motion FAQS
Q. Do motions have to be electronically filed?
A. Yes. Motions in mandatory or voluntary/consensual e-filed matters have to be electronically filed.
 Q: Is there a required format for the motion papers filed electronically?
A: Yes. Motion papers should be filed together in one bookmarked and searchable PDF, linking to each separate supporting document/exhibit. A brief description of the bookmarked document should be included. For example – “ Exhibit A- Notice of Appeal.”
Q: Does the Court require hard copies of e-filed motions?
A: Yes. One hard copy of an e-filed motion must be filed with the Court within two business days of receipt of email notification that the clerk has reviewed and processed the electronic version of the motion.
Q: I want to file an interim relief application. Will the Court permit the initial submission to be filed and served in hard copy?
A: The general rule is that applications for interim relief and the underlying motion papers must be e-filed. In the limited circumstance where a party seeking emergency relief is unable to comply with the e-filing requirements without being adversely affected, the Court will permit an interim relief application to be initially filed in hard copy and e-filed thereafter. If an interim application is initially filed in hard copy, it must be accompanied by a notice of hard copy submission on the form provided by the Court.
(See https://www.nycourts.gov/courts/ad1/e-filing/EfilingFAQVersion4.pdf) (Last accessed July 11, 2021)


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  • Home
  • Recent Decisions
  • Recent Legislation and Rules
  • Appeals to the Appellate Divison
    • Instructions for taking an Appeal to the Appellate Division
    • Who is served with the notice of appeal?
    • Registration and Consent to Efiling by Respondents Within 20 days of being served the notification of docket number
    • 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
    • Practice in the Appellate Divison: Motions in the Second Department
    • 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
    • Standard of Review— Appellate review of Custody Determinations
    • Standard of Review of Custody Determinations - Effect of 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 - June 1, 2020
    • Electronic filing (e-filing): First Department New and Amended Local Rules Updated June 25, 2021
    • 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
  • I. Appeals as of Right
  • II. Motions for Leave to Appeal
  • III. Guidelines for Preparing a Motion for Leave to AppeaNew Page
  • IV. Rule 500.11 Review Aternate Procedure for Selected Appeals
  • V. Appealability and Reviewability
  • VI. What is a Final Determination
  • VII. The "Necessarily Affects" Requirement
  • Filing of record material and briefs in normal course appeals and required copies
  • Contents of Records, appendices and exhibits in normal course appeals
  • Content and form of Briefs in normal course appeals
  • Civil and Criminal Appeals Frequently Asked Questions
  • Civil Motions Frequently Asked Questions
  • Court-Pass - Digital Filing Frequently Asked Questions
  • Court of Appeals Portal for uploading companion digital submissions
  • Court of Appeals Court Pass Public Access and Search
  • New York Divorce Law
    • Agreements Before & During Marriage
    • Custody & Visitation
    • Child Support Awards
    • Counsel Fee Awards
    • Enforcement of Judgments & Orders
    • Equitable Distribution
    • Equitable Distribution Law for Trial Counsel
    • Equitable Distribution Decisions Chart
    • Exclusive Occupancy of Marital Home
    • Grounds for Divorce
    • Maintenance Awards until 2016
    • Maintenance Awards after January 22, 2016
    • Modification of Maintenance and Child Support Orders and Judgments
    • Orders of Protection
    • Special Relief - Insurance
    • Spousal Support Awards
    • Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
    • Timetable For Service of Motion Papers
    • Uniform Child Custody Jurisdiction & Enforcement Act
  • Additional Articles and Information about New York Divorce & Family Law
    • Adoption Information
    • Antenuptial and Post Nuptial Agreements
    • Child Abuse & Prevention
    • Child Custody & Parental Alienation Information
    • Child Support
    • Common Law Marriage
    • Child Visitation Supervisors
    • Degrees & Licenses
    • Domestic Violence
    • Emergency Court Applications
    • Engagement gifts
    • Evidence Law
    • Family Court Proceedings
    • Federal Law Divorce Resources (Pension and Social Security)
    • Frequently Asked Questions
    • Grandparent and Non-Parent Visitation
    • Grounds for Divorce
    • Legal Fees, Liens & Sanctions
    • Litigation & Procedure
    • Maintenance and Child Support New York Court System Tools
    • Maintenance, Special Relief & Spousal Support
    • Marital Property and Property Distribution
    • New York Motion Practice
    • Professional Conduct
    • Retirement Benefits
    • Questions about Income Tax
    • Right to Counsel in Matrimonial Action
    • Role of the Attorney for the Child
    • Valuation Aids
  • ​New York Court System Links for Lawyers
  • New York Court Rules
  • New York Court Websites and Decisions
  • Electronic Filing in Supreme Court Rules and FAQ's
  • Using EDDS Electronic Delivery to Courts
  • New York Courts Case Search Page for E-filed Case Files
  • New York Court System Site Map
  • Family Court Official Forms
  • International Child Abduction Remedies
    • International Child Abduction
    • Hague International Child Abduction Convention cases from 2011 to date.
    • Hague international Child Abduction Table of Reported and Unreported Cases from 1988 until 2010
  • Site Map of The Law Firm of Joel R. Brandes PC website
  • Make an Appointment for a Consultation
    • Consultation Fee Payment
  • Joel R. Brandes Curriculum vitae
  • Subscribe to our newsletter
  • About Us
  • Terms of Use and Privacy Policy