Blog Post For : Appellate Division
Supplementing the Record on Appeal Versus Enlarging the Scope of the Record in the New York Appellate Division, Second Department
As in all departments of the New York Appellate Division, in order to file a supplemental record in the Second Department, the filer must first obtain a stipulation of the parties or an order of the court. However, there is frequently much confusion about what may be included in a supplemental record on appeal. On June 12, 2019, the Second Department announced that it had added a provision to its local rules, Section 670.7, and made clear that the discretion of the parties to stipulate to a supplemental record on appeal is limited.…
Read moreApplications 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…
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