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First Department Shortens Deadline for Perfecting Appeals of Commercial Division Orders Relating to Discovery Disputes Print PDF

11.05.2021

Commencing January 1, 2022, the New York Appellate Division, First Department is instituting a pilot program with a goal of reducing the time it takes to resolve discovery disputes that must be addressed before a litigation can proceed.  

Under the program, all interlocutory appeals from the Commercial Division of the Supreme Court must be perfected within four months from the date of the notice of appeal where:

  • The order on appeal involves exclusively discovery issues;
  • The notice of appeal is dated January 1, 2022 or later; and
  • The Court has not directed that the appeal be perfected by a particular time.

At present, this shortening of the time to perfect by two months is limited to interlocutory appeals from the Commercial Division of New York and Bronx Counties. The appellant may seek an extension of time to perfect as provided in the Appellate Division rules.

The court’s notice can be found here.  

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