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FREQUENTLY ASKED QUESTIONS

Q. How do I request time to argue my appeal in the Appellate Division  First Department?

A. After the Record or Appendix on Appeal and Appellant's Brief has been filed, a request for Oral Argument form needs to be filed on or before a date specified by the court.  Appellate Division Calendar.

Q. After I file the Notice of Appeal, how much time do I have before the Appellant's Brief and Record on Appeal/Appendix must be filed in the Appellate Division Second Department?

A. In the Appellate Division Second Department, the Appellant has 6 months from the date on the Notice of Appeal in which to perfect the appeal. The Respondent will have 30 days from the service of the appellant's brief (35 if served by mail). The Appellant's Reply must be filed within 10 days (15 if served by mail) from the service of the Respondent's Brief. (Rule 670.8)

Extensions are granted by stipulation or letter application. (Letter)

Q. What are the page limitations of the Briefs in the Appellate Division Third Department?

A. The Appellate Division Third Department Appellant's briefs are limited to 70 pages; Respondent's Briefs are limited to 35 pages; and Appellant's Reply is limited to 15 pages. (Rule 800.8)

Q. After I file the Notice of Appeal, how much time do I have before the appellants brief and record on appeal or appendix on appeal must be filed in the Appellate Division, Fourth Department?

A. In the appellate Division Fourth Department the appellant has 9 months from the date on the Notice of Appeal in which to perfect the appeal. The respondent's brief must be filed within 30 days from the service of the appellants  brief, or 35 days if served by mail. The appellant's reply brief must be filed within 10 days (15 if served by mail) from the service of the respondent's brief. (Rule 1000.2)

 

 

 

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Dick Bailey Service, Inc.

25 Chapel Street · 6th Floor · Brooklyn · New York · 11201

800-531-2028 · Fax (718) 522-4024

Email: appeals@dickbailey.com