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Letter Applications to the Appellate Division: How to File Them

Jacquelyn Mouquin letter application, enlargements, Fourth Department, third department, Statewide Practice Rules, First Department, Second Department

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.

First Department:       

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.

Second Department:     

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 ad2-clerksoffice@nycourts.gov.

Third Department:

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
(518) 471-4750, or by email to ad3clerksoffice@nycourts.gov.

Fourth Department:

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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    Counsel Press Inc. Acquires AppealTech

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    Counsel Press Inc. Acquires AppealTech

    FOR IMMEDIATE RELEASE
    New York, New York (February 4, 2021) – Counsel Press Inc., the nation’s largest appellate services provider, announced today that it has finalized its agreement to acquire AppealTech.

    AppealTech was founded in 1998 in New York by a group of appellate professionals focused on assisting law firms and their clients, government agencies and nonprofit organizations in perfecting their appeals in the New York Appellate Courts, the U.S. Circuit Courts of Appeals and the United States Supreme Court.

    “AppealTech has a proven track record of providing high-quality service to the legal community and has developed thousands of meaningful customer relationships,” said Scott Thompson, Chief Executive Officer and President of Counsel Press. “The acquisition of AppealTech further reinforces our position as the nation’s leading appellate services provider, with more than 83 years of experience in preparing, filing and serving appeals in all state and federal appellate courts nationwide. We welcome AppealTech’s team members to Counsel Press. Together we remain committed to providing exceptional service for all of our clients,” added Mr. Thompson.

    “AppealTech’s clients will experience a seamless transition and will continue to receive the same high standards of service and professionalism that they have come to expect,” said Michael Kestan, the former owner and President of AppealTech.

    Counsel Press has set the highest standard in appellate preparations since 1938, earning the title, The Appellate Experts®. We proudly provide accurate, precise and compliant filings to thousands of customers, filing over 12,000 appeals across all 50 states and all appellate jurisdictions annually.

    For more information about Counsel Press, or its acquisition of AppealTech, please contact Samantha Williams, Director of Marketing, at marketing@counselpress.com or call 800-4-APPEAL.

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