How to digitally file motion and application papers in appeals that are not subject to e-filing in the New York Appellate Division, Fourth Department

How to digitally file motion and application papers in appeals that are not subject to e-filing in the New York Appellate Division, Fourth Department

Although most appeals in the New York Appellate Division, Fourth Department are subject to mandatory e-filing, there are a still a few types of appeals that are exempt from e-filing. Effective July 1, 2020, motion and application papers that are filed in the exempt appeals are now required to be digitally filed pursuant to Rule 1000.4(a).

Under the old rule, paper copies of motions were required to be served and filed in appeals that were not subject to e-filing. The amended rule now requires filers to digitally submit their motion papers on the Fourth Department Digital Submission page on their website. The Digital Submission page is located on the Fourth Department website and is not the same as NYSCEF. The digital copies must be electronically formatted per the requirements found in Attachment A to 22 NYCRR 1245. Per the attachment, the digital submission must:

• be scanned at a resolution that ensures legibility;
• be text searchable;
• contain bookmarks linking table of contents entries to its corresponding page;
• open to the bookmarks navigation tab;
• be saved as an Archivable PDF (PDF/A);
• not exceed 100MB in size.

Unlike the automated emails sent out to parties when e-filing on NYSCEF, service on opposing counsel in digitally uploaded matters is manually completed by the filer via email.

Unfortunately, the Fourth Department does not have the capability to accept credit card payments via their website, so the filer must mail a $45 filing fee check to the court. Per the Clerk, the filer should include a cover letter indicating the docket number so the court will know which appeal to apply the filing fee.

Feel free to reach out to AppealTech if you need any assistance with digitally filed motion papers.