The Fourth Department Reinstates Governor Cuomo’s COVID Restaurant Curfew, and Gives a Lesson on How to Vacate an Order Granted Without Notice Under CPLR 5704(a)

In Gallivan v Cuomo, the Fourth Department gave pandemic litigation watchers and appellate lawyers like me a little bit of everything. It was interesting when Supreme Court issued a temporary restraining order against enforcement of Governor Cuomo's executive order requiring restaurants across the State to close at 10 PM to slow the spread of COVID-19. …

Court of Appeals Amends Rules to Expand Digital Submissions

Whether it's in response to the COVID-19 court closures, or it was just time to bring the Court more into the digital age, the Court of Appeals announced yesterday that it is amending its rules, effective May 27, 2020, to require parties to file digital copies of all civil motions and opposing papers to those …

New York Daily Fantasy Sports Suit: What Happens When an Amicus Isn’t Actually a Friend of the Court

It isn't often that New York appellate courts deny someone the right to submit an amicus brief in a pending appeal. It happens, but it's rare. In fact, the only time that I remember seeing a New York appellate court turn away a proposed amicus brief was when the proposed amicus had a direct financial …

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 …

Appellate Division E-Filing Update: Second Department Expands Mandatorily E-Filed Appeals as of December 3, 2018

The New York Appellate Division e-filing program has gone so well that the Second Department is expanding it again. After a limited start in March that only included appeals originating from Westchester County, and then Suffolk in July, the Court has decided to include all appeals from orders in the Ninth Judicial District beginning on …

The Sua Sponte Merits Track: How the Court of Appeals Decides Appeals Without Oral Argument

Not every appeal that the Court of Appeals decides is rendered after full briefing and oral argument. While most are, there is another way. A quicker and cheaper way (for parties who care about those kinds of things). After an appeal is filed with the Court of Appeals, whether taken as of right or after …

How to Take an Appeal as of Right to the Court of Appeals: The 2017-2018 Normal Course Appeals as of Right

It's not often that you find a case that has the direct right to go to the Court of Appeals. Unlike the Appellate Division to which almost everyone has the right to appeal without permission, the Court of Appeals is a court of extremely limited jurisdiction. Precious few instances exist that give a party the right …

The Appellate Division Adopts New Uniform Rules of Practice Effective September 17, 2018

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. But up until now, the four departments have functioned largely independently with rules of practice and customs unique …

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 …

Appellate Division E-Filing Begins March 1, 2018 with Brand New Uniform Rules

Just a few weeks ago, Chief Judge Janet DiFiore announced in her State of Our Judiciary speech that e-filing appeals in the Appellate Division would begin on March 1st. After the Office of Court Administration sought comments on proposed e-filing rules last summer, we knew that e-filing would soon begin. But the official date hadn't …