Re: Enlargements of Time in the First Department
Since the implementation of the Statewide Practice Rules, there has been some misinformation given to practitioners regarding how to enlarge time for filing deadlines in the First Department. Because the court continues to function using its term calendar system which predated the Statewide Practice Rules, the process for enlargements differs from other departments.
Enlargements for the Appellant’s Time to Perfect an Appeal
Like in other departments, appellants may obtain two enlargements of time as of right by letter application. No filing fee is required. The letters should be e-filed for cases which are electronically filed in the Appellate Division. For cases not subject to NYSCEF e-filing in the Appellate Division, a paper copy of the letter should be delivered to the court with a copy of the notice of appeal and order appealed from, and should include proof of service. The first such enlargement may be for 60 days and the second for 30 days. No order is published by the court granting these enlargements, but the court’s internal records are noted. Accordingly, upon filing a letter application, an appellant may assume that the enlargement will be entered as of right.
Enlargements of Time to File Respondent and Reply Briefs
How time is enlarged for respondent’s and reply briefs is different in the First Department than in the other three departments because of the term calendar. Instead of following the process described in Statewide Practice Rule 1250.9(g), the First Department adheres to its previous practice of requiring either a stipulation or order of the court to change the due dates for these briefs.
Enlargements by stipulation: Stipulations should be e-filed in appropriate cases, and filed in hard copy with at least one original signature in all others. No filing fee is required.
Parties may stipulate to up to 7 days after the date on the term calendar for a reply or respondent’s brief, while the case remains in the same term. The stipulation should mention what term the case will remain in.
If parties need more than 7 days, they may stipulate to adjourn the appeal one or two terms. The parties should identify which term they are adjourning the case to. If the parties are agreeing to anything other than the standard briefing deadline, the agreed-upon dates should also be delineated in the stipulation.
Enlargements by order: If one party needs more time to file a brief and cannot obtain consent or a stipulation from the other parties, an order of the court is necessary. Such an order is obtained by Interim Relief Application. A party must pay a $45 filing fee, give all parties 24 hours notice, and then personally present a Summary Statement on Application for Expedited Service and/or Interim Relief form (available here) with a letter application or affirmation indicating the reason the enlargement is necessary. The court will grant or deny the enlargement at the time it is presented.
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