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So, if the courts grant the extension requests, the date to perfect an appeal would be back to 9 months.
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The parties can, however, stipulate to extend the perfection date up to 60 days, and the appellant can thereafter apply by letter to extend the date another 30 days. The new uniform rules now provide that 6 months is the general rule. In the Second Department, however, it was only 6 months. In the First, Third, and Fourth Departments, the rule was if you don’t perfect your appeal within 9 months after serving the notice of appeal, the appeal would be dismissed as abandoned. Here’s a quick look at some of the rules that are changing.īefore the new uniform rules were adopted, the Appellate Division departments had different time limits before an appeal would be dismissed as abandoned. That uniformity will make appellate practice so much better. Whether you’re before the First Department in Manhattan, the Second Department in Brooklyn, the Third Department in Albany, or the Fourth Department in Rochester, the rules will finally all be the same (for the most part). But up until now, the four departments have functioned largely independently with rules of practice and customs unique to each.Ĭome September 17, 2018, however, all of the Departments of the Appellate Division will adopt a new set of uniform rules that will govern appellate practice in New York’s intermediate appellate courts throughout the State.
ILLINOIS FONT SIZE APPELLATE BRIEF TRIAL
Under New York’s unique court structure, the Appellate Division is supposed to be a single statewide intermediate appellate court, broken into four different departments, where most appeals from the decisions of the trial court are finally resolved.