New York Appellate Division Filing Checklist

New York Appellate Division Filing Checklist

Trial Court: [________________________________]
County: [________________________________]
Trial Court Index Number: [________________________________]
Appellate Division: [________________________________] Department
Appellate Case Number: [________________________________]
Appellant: [________________________________]
Respondent: [________________________________]
Filing Attorney: [________________________________]
Date Prepared: [__/__/____]

I. Appellate Departments

☐ First Department: Manhattan, Bronx
☐ Second Department: Brooklyn, Queens, Staten Island, Long Island, and upstate counties
☐ Third Department: Albany and surrounding counties
☐ Fourth Department: Buffalo, Rochester, Syracuse and surrounding counties

II. Notice of Appeal Deadline (CPLR 5513)

From Final Judgment/Order

☐ 30 days from service of order with notice of entry
☐ Order entered: [__/__/____]
☐ Notice of entry served: [__/__/____]
☐ DEADLINE: [__/__/____]

Extension for Motion

☐ Motion to extend time to appeal (CPLR 5514)
☐ Must show reasonable excuse and meritorious appeal

III. Notice of Appeal

Filing

☐ File with clerk of trial court
☐ Serve on all parties

Contents

☐ Parties' names
☐ Judgment/order appealed from
☐ Date of judgment/order
☐ Appellate Division identified

Filing Fee

☐ Filing fee paid (approximately $65)

IV. Perfecting the Appeal

Time to Perfect

☐ Generally 6-9 months from filing notice (varies by department)
☐ Check specific department rules
☐ Deadline: [__/__/____]

Subpoena of Record

☐ Subpoena trial court file (if needed)
☐ Obtain transcripts

V. Record on Appeal

Appendix Method (Most Common)

☐ Prepare appendix containing:
☐ Notice of appeal
☐ Order/judgment appealed from
☐ Relevant papers from record
☐ Relevant transcript portions

Full Record Method

☐ Complete record certified by clerk
☐ Used less frequently

VI. Briefs

Appellant's Brief

☐ Cover (color per department rules)
☐ Table of Contents
☐ Table of Authorities
☐ Questions Presented
☐ Statement of Case
☐ Argument
☐ Conclusion

Respondent's Brief

☐ Due after appellant's brief (per scheduling)

Reply Brief

☐ Optional
☐ Limited to new issues in respondent's brief

Format Requirements

☐ Page limits (varies by department, typically 50-70 pages)
☐ Font and margin requirements
☐ Certificate of Compliance

VII. Filing the Appeal

E-Filing (NYSCEF)

☐ Most departments use NYSCEF
☐ File record and briefs electronically
☐ Pay filing fee

Paper Copies

☐ Number of copies per department rules
☐ Served on all parties

VIII. Oral Argument

☐ Request oral argument
☐ Calendared by court
☐ Argument date: [__/__/____]
☐ Time typically 15-30 minutes per side

IX. Decision

☐ Decision issued
☐ Types:
☐ Affirmed
☐ Reversed
☐ Modified
☐ Remanded

Motion for Reargument/Leave to Appeal

☐ Motion for reargument: 30 days from decision
☐ Motion for leave to appeal to Court of Appeals

X. Court of Appeals (Further Appeal)

☐ Leave to appeal required (most cases)
☐ Motion deadline: 30 days from order
☐ Or certificate from Appellate Division

Sources and References

• CPLR Article 55: https://www.nysenate.gov/legislation/laws/CVP
• Appellate Division Rules: https://www.nycourts.gov/courts/ad1 (and other departments)
• NYSCEF: https://iappscontent.courts.state.ny.us/NYSCEF

Prepared by: [________________________________]
Date: [__/__/____]