There have recently been updates in the Appellate Division Second Department and the Secord Circuit, and counsel is to be cognizant of these changes.
The Appellate Division Second Department is now requiring that a letter be prepared and filed by counsel for Appellant(s) upon filing the record or appendix, where parties originally identified as Respondents in the Request for Appellate Division Intervention form (RADI) are ultimately not identified as such in the appellate caption. The letter must name each individually-affected party, and it must state that they are not a Respondent in the appeal.
The US Court of Appeals for the Second Circuit no longer requires an affidavit of service to be prepared in cases where the parties are registered CM/ECF users. If any party is not registered (pro se, etc.), an affidavit must be prepared as usual.
Should you have any questions on filing an appeal within the New York State Appellate Division and/or the Second Circuit, please contact Counsel Press’ team of appellate experts in New York.