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…

It may not be the most glamorous of topics to discuss, but the procedural requirements of requesting oral argument for your appeal are important to keep in mind in light of the new Statewide Practice Rules for the New York Appellate Division implemented on September 17, 2018.[1] As you work on preparing a brief for filing with the court, your assumptions regarding oral argument  may not necessarily be in line with the new rules. Here are a few basics to keep in mind: How do I request time for oral argument on my appeal? Rule 1250.8(a) states that the upper…