Appellate Division E-Filing Update: Fourth Department Rings in New Year With Voluntary E-Filing

E-filing appeals in the Appellate Division has expanded again. This time to ring in the new year, the Fourth Department announced that it would expand its e-filing program to all civil appeals on a voluntary basis. Before, the Fourth Department had limited e-filed appeals to Commercial Division matters, Surrogate’s Court matters, and all matters that were e-filed in Supreme Court below. Now, all an appellant needs to do is e-file the appeal in the first instance and serve on the respondents a notice of e-filing, and the required Entry of Initial Information for Electronic Filing (22 NYCRR § 1245.3). That’s it.

Here’s the only catch. Because the Fourth Department hasn’t yet made e-filing mandatory, the other parties still can decide not to e-file the appeal. But why would you do that? Outside of unfamiliarity with the e-filing system, I can’t see any reason not to consent. Plus, the Court encourages e-filing in all matters in which it is allowed, and advises that the e-filing program will continue to expand as 2019 progresses. You wouldn’t want to shrug off the Court’s preference for e-filing, would you? I sure wouldn’t.

Finally, the Fourth Department advises that the e-filing program will continue to expand as 2019 proceeds, which can only mean a move to mandatory e-filing in all civil appeals. That’s where the Third Department is, and the First and Second are getting closer too. This is yet another positive step for e-filing in New York, and a great way to start 2019. Happy New Year!

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