B. TIME LIMITS
1. 60-Day Rule. 22 NYCRR 1000.2 (b) provides that an appeal must be perfected within 60 days after the notice of appeal is served on the respondent.
a. Sanction for failure to comply is not automatic dismissal of appeal; the appeal is subject to dismissal on motion for failure to timely perfect (see 22 NYCRR 1000.2 [b];1000.12 [a]; 1000.13 [e]).
b. 22 NYCRR 1000.13 (e) provides that, if the motion is not answered, the appeal is dismissed by default. If an answer is filed, a conditional order of dismissal is entered, which establishes a deadline (generally 30 to 60 days).
2. Nine-Month (Abandonment) Rule. 22 NYCRR 1000.12 (b) provides that a civil appeal must be perfected within nine months from the date of service of the notice of appeal or the appeal is deemed abandoned and dismissed. The rule is self-executing. Records are examined for compliance and, if the record has been submitted more than nine months following service of the notice of appeal, the record is rejected and the party or attorney is advised that the appeal has been deemed abandoned and dismissed and that a motion may be made to vacate the dismissal (see 22 NYCRR 1000.13 [g]).
3. Family Court Appeals. 22 NYCRR 1000.2 (c) (1) provides that appeals from Family Court orders in which the Appellate Division has assigned counsel must be perfected within 60 days of receipt of the transcript pursuant to Family Court Act § 1121 (7).
4. Criminal Appeals. 22 NYCRR 1000.2 (c) (2) provides that criminal appeals in which the Appellate Division has assigned counsel must be perfected within 120 days following receipt of the transcript (see also 22 NYCRR 1021.1 [a] [3]).
5. Briefs. The time to file and serve responsive and reply briefs is measured from the time of service of the prior brief, not from receipt of a brief. Deadlines are extended five days if the service was by mail.
a. Respondent’s briefs are due 30 days after service of the appellant’s brief.
b. Reply briefs are due 10 days after service of the respondent’s brief.
c. Surreply briefs are due 10 days after service of the reply brief. The contents of a surreply brief are limited to matters raised on a cross appeal, and, absent a cross appeal, a surreply brief is not permitted.
6. Multiple appeals. In a matter involving multiple appeals, by the same or different parties, the deadlines for perfecting the appeals run separately. When a matter involves multiple appellants, the deadlines to file respondent’s briefs run separately. When a matter involves multiple respondents, the deadlines for filing reply briefs run separately.