Please be advised that the Governor's Executive Order Number 202.8 effectively tolled all statutory deadlines in the NYS Courts, effective March 22, 2020 through April 19th, 2020. Read Executive Order 202.8 here.
Counsel Press remains ready and available to file your appellate documents for you, should you choose to maintain your current deadline. We have implemented appropriate measures to avoid any disruption of service during this time.
To eliminate the necessity of applications or motion practice seeking extensions of time to file or perfect during this unprecedented public health emergency, the Supreme Court of the State of New York Appellate Division, Departments 1 through 4 are extending non-statutory deadlines, effective March 17, 2020. Further details for each department can be found below:
Appellate Division, First Department Updates
For all appeals not perfected by March 16, 2020, deadlines in the First Department are suspended indefinitely and until further directive of the Court. For appeals perfected by March 16, 2020, the deadlines set by the Court’s term calendar and motion practice rules remain in effect, but parties who cannot meet those deadlines may avail themselves of the extension provided until April 19, 2020, pursuant to Executive Order 202.8. The Court is accepting the E-Filing of appeal papers, but the requirement that hard copy filing must follow the E-Filing is suspended. The Court will provide instructions regarding when to file hard copies once the emergency situation has abated. The First Department has issued the following order:
Read the Court's March 17, 2020 Order here.
IT IS HEREBY ORDERED that with the exception of matters perfected for the May 2020 and June 2020 terms of this Court, all perfection, filing and other deadlines set forth by any order of this Court, Rules of the Appellate Division ([22 NYCRR] parts 1240 and 1250), Rules of the Appellate Division, First Department ([22 NYCRR] parts 600 and 603), or Electronic Filing Rules of the Appellate Division ([22 NYCRR] part 1245), are suspended indefinitely and until further directive of the Court;
IT IS FURTHER ORDERED that with the exception of matters perfected for the May 2020 and June 2020 terms of this Court, all motions or applications for an extension of time to perfect or file that are pending as of Tuesday, March 17, 2020, are granted to the extent that the time to perfect or file is suspended indefinitely and until further directive of the Court; and this suspension order does not apply to statutory deadlines.
Appellate Division, Second Department Updates
All deadlines have been suspended in the Appellate Division, Second Department. Parties may, however, E-File via NYSCEF or upload through the Court’s web portal. Paper copies are suspended until directed by the Court. The Court has issued the following order:
Read the Court's March 17, 2020 Order here.
Pursuant to the power vested in it under section 85 of the Judiciary Law (Judiciary Law § 85), the Appellate Division of the Supreme Court for the Second Judicial Department hereby orders that all perfection, filing and other deadlines set forth in any order of this Court, the Practice Rules of the Appellate Division (22 NYCRR part 1250), the Rules of Practice of this court (22 NYCRR part 670), or Electronic Filing Rules of the Appellate Division (22 NYCRR part 1245), are suspended indefinitely and until further directive of the Court. All motions and applications for an extension of time to perfect or file that are pending as of Tuesday, March 17, 2020, are adjourned pending further directive of the Court. All other pending motions are adjourned without date until further directive of the Court.
Appellate Division, Third Department Updates
All deadlines have been suspended. It is not necessary to file on your deadline, whether an appeal is E-Filed through NYSCEF or is uploaded directly through the Court’s website. The Court is accepting E-Filed Records and Briefs through NYSCEF and paper submissions, but it is not mandatory that they still be filed by their initial deadline. The Third Department has issued the following order:
Read the Court's March 17, 2020 Order here.
IT IS HEREBY ORDERED that in all matters before the Appellate Division, Third Judicial Department as of Tuesday, March 17, 2020, all perfection, filing and other deadlines set forth by any order of this Court, Rules of the Appellate Division, all departments (22 NYCRR parts 1240 and 1250), Rules of the Appellate Division, Third Department (22 NYCRR parts 806 and 850), or Electronic Filing Rules of the Appellate Division (22 NYCRR part 1245), are suspended indefinitely and until further directive of the Court. All motions or applications for an extension of time to perfect or file that are pending as of Tuesday, March 17, 2020, are granted to the extent that the time to perfect or file is suspended indefinitely and until further directive of the Court. This extension does not apply where a deadline is conferred by statute.
Appellate Division, Fourth Department Updates
All deadlines have been suspended. It is not necessary to file on your deadline whether an appeal is E-Filed through NYSCEF or is uploaded directly through the Court's website. The Court is accepting E-Filed Records and Briefs through NYSCEF but it is not mandatory that they still be filed by their initial deadline. The Fourth Department also announced on March 19, 2020 that until further notice hard copy filings are not permitted. The Court will provide instructions regarding when to file hard copies once the emergency situation has abated. The Fourth Department has issued the following order:
Read the Court's March 17, 2020 Order here.
IT IS HEREBY ORDERED that in all matters pending before the Appellate Division, Fourth Judicial Department, as of Tuesday, March 17, 2020, all perfection, filing, and other deadlines set forth by any order of this Court, the Rules of the Appellate Division (22 NYCRR Parts 1240 and 1250), the Rules of the Appellate Division, Fourth Department (22 NYCRR Parts 1000 and 1020), or the Electronic Filing Rules of the Appellate Division (22 NYCRR Part 1245), are suspended indefinitely and until further directive of the Court. All motions or applications for an extension of time to perfect or file that are pending as of Tuesday, March 17, 2020, are granted to the extent that the time to perfect or file is suspended indefinitely and until further directive of the Court. This order does not apply where a deadline is conferred by statute.
We will continue to provide updates from the Courts and will be available to assist you. Please do not hesitate to contact Appellate Counsel with any questions.