The Law Firm of Joel R. Brandes, P.C.
  • 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
  • Who we are
  • Terms of Use and Privacy Policy

Site Map of The Law Firm of Joel R. Brandes, P.C. Website

The Law Firm of Joel R. Brandes, P.C. Site Map

​ Home Page Welcome to New York Divorce and Family Law™
 Recent Decisions and News
 Recent New York Legislation

​ Appeals to the Appellate Division 

 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
 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
 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 in the Appellate Divison: What Rules Govern
 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 : Fugitive disentitlement doctrine in custody and child support appeals w 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
 Mandatory Electronic filing (e-filing): Second Department
 Electronic filing (e-filing): First Department Motions Frequently Asked Questions
 Electronic filing (e-filing): Second Department Technical Guidelines
 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
 Reported Appeals
 
 Appeals to the Court of Appeals 
 
Court of Appeals State of New York, Part 500. Rules Of Practice
(22 NYCRR Part 500)

How to take an Appeal to the Court of Appeals Civil Appeals as of Right
I. Appeals as of Right
II. Motions for Leave to Appeal
III. Guidelines For Preparing A Motion For Leave To AppeaL
Iv. Rule 500.11 Review -- Alternative Procedure For Selected Appeals
V. Appealability And Reviewability
Vi. What Is A Final Determination? -- A Systematic Approach
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
Frequently Asked Questions Civil and Criminal Appeals
Civil Motions Frequently Asked Questions
Court-Pass - Digital Filing - Frequently Asked Questions
Court of Appeals Portal for uploading companion digital submissions of motions, criminal leave applications and Rule 500.10 Jurisdictional Responses only
Court of Appeals Court Pass Public Access and Search
 
New York Divorce Law 
          Agreements Before and During Marriage
          Custody & Visitation
          Child Support Awards
          Counsel Fee Awards
          Enforcement of Judgments & Orders
          Equitable Distribution
          Equitable Distribution Decisions Chart
          Exclusive Occupancy of Marital Home
          Grounds for Divorce
          Maintenance Awards until 2016
          Maintenance Awards after January 22, 2016
          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
          Alimony, Maintenance & Spousal Support
          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
          Enforcement of Judgments & Orders
          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 and Spousal support 
          Marital Property and Property Distribution
​          New York Motion Practice 
          Professional Conduct
          Retirement Benefits
          Questions about Income Tax Faqs
          Table of Effective Dates of Domestic Relations Law 
          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 
          Table of Hague Convention Cases from 1988 to May 20, 2015
           Hague international Child Abduction Table of Reported and Unreported Cases from 1988 until 2010  
 Site Map
​ 
Contact Us
 Make an Appointment for a Consultation
 Joel R. Brandes Curriculum Vitae
 Subscribe to our newsletter
 About Us
 Terms of Use and Privacy Policy
​
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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
  • Who we are
  • Terms of Use and Privacy Policy