The Appellate Division Expands E-Filing to New Categories of Appeals

The Appellate Division announced that it is expanding its e-filing system to include appeals in more cases.  As I discussed when the new Appellate Division e-filing system came online in March, it was a limited roll out, with the kinds of cases that are subject to mandatory e-filing limited in each of the Departments.  Here’s where the system started on March 1st:

The roll out has gone so well that the Second, Third, and Fourth Departments have recently decided to include more types of appeals that have to be e-filed.

Second Department

On July 2, 2018, the Second Department expanded its mandatory appellate e-filing to include all matters originating and electronically filed in Supreme and Surrogate’s Courts in Suffolk County.  To be subject to the mandatory e-filing, the notice of appeal has to be either dated on or after July 2nd, or if it’s dated before July 2nd, the appeal has to be perfected after August 15th. For appeals perfected before July 2nd, e-filing is not available.

So now, the Second Department’s e-filing system includes most appeals coming out of Westchester and Suffolk Counties.

Third Department

The Third Department has had the greatest expansion of the three. The Court decided that as of April 1st, appeals in civil actions commenced by summons and complaint in Supreme Court for the Fourth and Sixth Judicial Districts would be subject to e-filing.  The Court also included all matters that were e-filed in the trial court where the notice of appeal is filed after April 1st, and allowed all parties to consent to the appeal being e-filed as well, even if it wasn’t e-filed below.

On July 1st, the Court expanded the e-filing program to include all appeals in civil proceedings commenced by petition in Supreme Court, and transferred proceedings, where the notice of appeal is filed after July 1st.  That includes a huge swath of CPLR Article 78 proceedings against municipalities and state agencies, as well as many other special proceedings that weren’t previously included. The Court also included cases from  County Court, the Court of Claims, and Surrogate’s Court where the notice of appeal is filed after July 1st.

In all practical effect, the Third Department now requires appellate e-filing in pretty much every case.

Fourth Department

The Fourth Department expanded its mandatory e-filing program to include all appeals filed on or after July 1st in Surrogate’s Court cases.  It’s also launching voluntary e-filing for all cases that were e-filed at Supreme Court. That’s also a big expansion from the previous program that only allowed e-filing in Commercial Division appeals.

It’s a great sign to see the Appellate Division expand the categories of e-filed cases so soon after first rolling out the system in March.  The e-filing process remains the same, but now attorneys get a choice to e-file in most appeals.  Given the convenience that option offers, I would hope to see many attorneys take advantage.

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