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Client Alert: New York’s Appellate Division, Second Department to Resume in Person Oral Argument Print PDF

07.21.2021

The Second Department has announced that, beginning on September 7, 2021, all oral arguments on appeal will be held in person at the courthouse at 45 Monroe Street, Brooklyn, New York (or at such alternative locations as announced by the court). 

Attorneys who are fully vaccinated and who have a green Attorney Pass issued by the Unified Court System (valid for 90 days) may enter the courthouse without completing a health safety screening, and without wearing a mask or face covering. All other vaccinated visitors may show proof of vaccination and obtain a white Visitor Pass (valid for one day) that also allows them to enter the courthouse without the need for either a screening or a mask/face covering. Proof of vaccination includes: (1) a COVID-19 vaccination card; (2) a photo of such a card on a mobile device; and (3) a COVID-19 Vaccination Excelsior Pass. Unvaccinated individuals must wear a mask or facial covering at all times, comply with social distance guidelines, and are subject to COVID-19 screening and temperature checks.

The Second Department has further announced that it is preparing the calendars for dates in September and October 2021. Attorneys who have requested oral argument on matters that have not yet been calendared should notify the Court as to any dates they might be unavailable. Absent unusual circumstances, a matter will remain on the calendar once it has been calendared.

Below are links to the Second Department’s announcements: 

Resume_in_person_Oral_Arguments.pdf (nycourts.gov)

Notice_to_Counsel-Calendar_Conflicts.pdf (nycourts.gov)

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