CPLRG Blog | Appellate Practice

New York State Supreme Court Appellate Division formally Adopts New Statewide Practice Rules

The new Statewide Practice Rules of the Departments of the New York State Supreme Court, Appellate Division were formally adopted on June 29, 2018. The rules will go into effect on September 17, 2018.  The courts have implemented major changes to the way you may have practiced before the appellate courts and we highly recommend that you review these before proceeding with your appeal. Please click here to read the Practice Rules of the Appellate Division Part 1250 - Revised.

Please be aware that starting September 17, 2018, in the First, Third and Fourth Departments, any newly filed and all previously filed notices of appeal will need to be perfected within six months from the date on the notice of appeal. This means that if your notice of appeal is dated prior to March 17, 2018, your appeal will be subject to dismissal as soon as the new rules go into effect.

In addition to the new statewide rules, each department has adopted local rules of practice which will specify where each court will deviate from the statewide practice rules. These individual rules are set forth below: 
  • First Department Rules of Practice (Effective 9/17/18) - click here.
  • Second Department Rules of Practice (Effective 9/17/18) - click here.
  • Third Department Rules of Practice (Effective 9/17/18) - click here.
  • Fourth Department Rules of Practice (Effective 9/17/18) - click here.
As a reminder, please be aware of the following E-Filing changes:  The New York Appellate Division, Second Department’s rule change for noticing and perfecting appeals in all matters originating and electronically filed in the Supreme and Surrogate’s Courts of Suffolk County went into effect on July 2, 2018. E-Filing your appeal is mandatory when the following applies:
  1. Notice of Appeal is dated on or after July 2, 2018.
  2. Notice of Appeal is dated prior to July 2, 2018, and the appeal is perfected on or after August 15, 2018. For matters that fall within this category, compliance with the time limitation contained in 22 NYCRR 1245.3(a) shall be measured from July 2, 2018.
As of July 1, 2018, in the New York Appellate Division, Third Department, E-Filing applies to:
  1. Appeals in civil proceedings commenced by petition in New York Supreme Court originating in the Third, Fourth and Sixth Judicial Districts in which the notice of appeal is filed on or after July 1, 2018.
  2. Transferred proceedings commenced by petition in New York Supreme Court originating in the Third, Fourth and Sixth Judicial Districts in which the transfer order is entered on or after July 1, 2018.
  3. Appeals in civil actions or proceedings commenced in County Court, the Court of Claims and Surrogate's Court in which the notice of appeal is filed on or after July 1, 2018. For a complete list of all types of cases that must be filed electronically, the rules and all pertinent forms, please click here.
In the New York Appellate Division, Fourth Department, effective July 1, 2018, E-Filing for all Surrogate's Court matters is mandatory and E-Filing for all other matters that were E-Filed in lower courts is voluntary. If you have questions about how to proceed with electronically filing your appeal, please contact staff counsel at Counsel Press. You may also view the court’s latest updates here: Electronic Filing Rules of the Appellate Division.