The New York Court of Appeals is joining the vast majority of courts that require motions to appear as amicus curiae on merits appeals and motions for leave to appeal (or petitions for a writ of certiorari, as they like to call them at the Supreme Court) to be made soon after the briefs of …
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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. …
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 …
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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 …
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 …
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 …
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 …
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 …
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 announced that it is expanding its e-filing system to include appeals in more cases. Â 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. Â Here's …
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