Applications for Expedited Relief in the Appellate Division, First Department
Applications for expedited relief in the First Department may be used whenever a party seeks any kind of expedited and/or interim relief. They are commonly used to obtain an enlargement of time to file a respondent’s brief or a reply brief when the parties are not able to enter into and file a stipulation by the designated deadlines in the Term Calendar. In contrast to other departments within the Appellate Division, letter requests for extensions of time on respondent’s briefs and reply briefs are not permitted in the First Department due to the Term Calendar system. They are also frequently brought when a party is seeking a stay pending appeal and needs prompt relief to avoid irreparable harm from the trial court proceedings.
The application must include a “Summary Statement on Application for Expedited Service and/or Interim Relief.” This two-page form is here. This form is used in lieu of a Notice of Motion when seeking enlargements of time, or in addition to a notice of motion (with the return date left blank) when seeking other relief. The form must also be accompanied by an affidavit or affirmation by the party seeking relief and $45 filing fee.
The application shall be presented in person unless the court excuses such appearance, and shall state, among other things:
(i) the nature of the motion or proceeding;
(ii) the specific relief sought; and
(iii) the names, addresses, telephone numbers and (where known) email addresses of the attorneys and counsel for all parties in support of and in opposition to the motion or proceeding.
Statewide Practice Rule 1250.4(b) provides that the party seeking relief must give “reasonable notice” to his or her adversary of the day and time when, and the location where, the application will be presented, and the relief requested. In practice, such notice means at least 24 hours. If the underlying appeal is subject to e-filing on NYSCEF, the application must be e-filed under the assigned appellate case number on NYSCEF. Otherwise, the application must be filed in court. As for service, in contrast to traditional motions, a party can serve a copy of the application on all other parties by email.
Please contact AppealTech at (212) 213-3222 if you have any questions about Expedited Relief Applications in the Appellate Division, First Department.
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