Letter Applications to the Appellate Division: How to File Them
Under the newly implemented Statewide Practice Rules which came into effect on September 17, 2018, enlargements of time to perfect appeals and to file respondent’s or reply briefs may be done by letter application to the court (or by stipulation of the parties). Appellants may seek 60 additional days to perfect the appeal on a first request and 30 days on a second request. In the Second, Third and Fourth Departments, respondents may seek two separate 30-day enlargements of time to file their briefs, and appellants may seek two separate 10-day enlargements to file the reply brief. Since the rules are unclear as to the steps to take when submitting such a letter application, AppealTech has communicated with each of the four departments to clarify how the letter requests should be submitted.
The First Department is only accepting letter applications for enlargements for appellants’ filings. The letter application should be submitted in hard copy for non-NYSCEF cases and via the Appellate Division’s NYSCEF page for e-filed cases. It should be accompanied by a copy of the notice of appeal and order appealed from. The letter must include the caption of the case and the index number.
To obtain an enlargement of time for a respondent’s or reply brief, the First Department is adhering to its previous practice, although this is not well laid out in the new rules. The options are: (1) a stipulation among parties to give an additional 7 days past the date on the Term Calendar while remaining in the same term, (2) a stipulation among parties to adjourn the case to another term while either adhering to that new term’s briefing schedule or selecting different dates as agreed to by the parties, or (3) an expedited relief application including a personal appearance at court by the attorney on record seeking an enlargement to another term.
The letter application must include the caption of the case and the Appellate Division case number. All parties must be copied on the letter. It may be submitted by fax to (212) 419-8457 or email to [email protected].
The letter application should include a copy of the notice of appeal and order appealed from, and must include the caption. If it has been issued, you must include the Appellate Division case number; otherwise, you should include the lower court index number. You may submit the letter by mail to the Clerk’s Office, by fax to
The first letter application on a case must include the notice of appeal with proof of service and filing and the order appealed from. It must also contain the caption and the Appellate Division docket number once it is issued; otherwise, it should include the trial court index number. You must file it in hard copy in non-NYSCEF cases with proof of service of the letter application.
For subsequent letter applications in the same case, the notice of appeal and order appealed from may be omitted, but the remainder of the requirements are the same.
AppealTech is committed to helping its clients navigate the very significant rule changes to appellate practice in New York. Please contact us at (212) 213-3222 with any questions.
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