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New York Appellate Courts Adopt New Appellate Division Practice Rules

The statewide Practice Rules of the Appellate Division will come into effect on September 17, 2018, enacting numerous changes including reducing the time to perfect an appeal from nine months to “within six months of the date of the notice of appeal or order granting leave to appeal,”  except where the court has directed that an appeal be perfected by a particular time.  22 NYCRR 1250.9(a).   

Written applications for extensions of time will be accepted pursuant to 22 NYCRR 1250.9(b), which provides that “except where the court has directed that the appeal be perfected by a particular time, the parties may stipulate, or in the alternative an appellant may apply by letter, on notice to all parties to extend the time to perfect an appeal up to 60 days.”   Thereafter, the appellant may apply by letter, on notice to all parties, to extend the time to perfect by up to an additional 30 days.  “Any further applications for extension of time to perfect the appeal shall be made by motion.”  Id.    If the appellant fails to perfect the appeal within six months of the date of the notice of appeal, the order of transfer or the order granting leave to appeal “as extended pursuant to section 1250.9(b) of this Part, the matter shall be deemed dismissed without further order.”  22 NYCRR 1250.10.  Note that each department has also adopted a local set of rules regarding the time, number and manner of filings of records, appendices and briefs.   

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