As an Appellant or party appealing to the New York State Appellate Division, you have the option to file a Reply Brief and this is usually the final written argument the Court receives. See, e.g, 22 N.Y.C.R.R. §500.12 (Court of Appeals); §600.11(f)(4) (First Department); §670.20(i) (Second Department). Cf., 22 N.Y.C.R.R. §1000.11(g) (Fourth Department). It has been rumored that some Appellate Judges read the Reply Brief first. Appellate Practitioners have varying opinions as to what it means to the court when they decline the option to file a Reply Brief. Some speculate that it may give your opponent the last impression…Read more
Timing for the filing of a Notice of Appeal
After you determine whether a matter is appealable, you must file a timely Notice of Appeal to preserve the issue being appealed. In order to be timely, a Notice of Appeal must be filed within thirty (30) days from the date the judgment or order is served with Notice of Entry (35 days when served by mail). The New York State Appellate Division Second Department rules expressly state that papers are deemed filed only as of the time they are actually received by the clerk. The First, Third, and Fourth Departments implicitly follow the same rule. If you are ever…Read more
- FRAP Rule Amendment: You now have 21 days, up from 14 days, to file a Reply Brief in Federal Court
- Re: Enlargements of Time in the First Department
- Requesting Oral Argument: Procedural Aspects in the New York Appellate Division
- Are you complying with the Second Department’s new requirement to hyperlink your digital brief to all case citations?
- Letter Applications to the Appellate Division: How to File Them