If you were served with a brief and would like to calculate dates for your response/reply use date of service, not date received.
Please Note: The AD2nd calculates the date your appeal is due from the date of the Notice of Appeal, NOT the stamped or entered date!
A civil appeal, action, or proceeding will be due to file
with the Appellate Division Second Department within six months after the date
of the notice of appeal, order granting leave to appeal, or order transferring
the proceeding to the court, or, within six months of the filing of the
submission with the county clerk in an action on submitted facts pursuant to
CPLR 3222 shall be deemed abandoned unless
perfected
(1) within six months after the date of the notice of appeal, order
granting leave to appeal, or order transferring the proceeding to this court,
or,
(2) within six months of the filing of the submission with the county clerk in
an action on submitted facts pursuant to CPLR 3222,
unless the time to perfect shall have been extended pursuant to
670.8 (d)
The clerk shall not accept any record or brief for filing after the expiration of such six-month period or such period as extended.
(1) The court may, in the exercise of discretion, direct that the prosecution of any cause or class of causes be actively managed.
d) Enlargements of Time. Except where a
scheduling order has been issued pursuant to section
670.4(a)(2) of this Part or where the court has directed that a cause be
perfected or that a brief be served and filed by a date certain, an enlargement
of time to perfect or to serve and file a brief may be obtained as follows:
(l) By Stipulation. The parties may stipulate to enlarge the time to perfect a
cause by up to 60 days, to file an answering brief by up to 30 days, and to file
a reply brief by up to 10 days. Not more than one such stipulation per
perfection or filing shall be permitted. Such a stipulation shall not be
effective unless so ordered by the clerk.
(2) For Cause. Where a party shall establish a reasonable
ground why there cannot or could not be compliance with the time limits
prescribed by this section, or such time limits as extended by stipulation
pursuant to paragraph (1) of this subdivision, the clerk or a Justice may grant
reasonable enlargements of time to comply. An application pursuant to this
paragraph shall be made by letter, addressed to the clerk, with a copy to the
other parties to the cause. Orders made pursuant to this paragraph shall be
reviewable by motion to the court on notice pursuant to section 670.5 of this
Part.
Appellant's Letter Application
Respondent's Letter Application
Appellant's Reply Letter Application
