Calendars Decisions

Rules of Practice

On June 29, 2018, the Presiding Justices of the Appellate Division promulgated revised Practice Rules of the Appellate Division. Those rules are effective on September 17, 2018, and shall apply to (1) all matters that are commenced in the Appellate Division, or in which a notice of appeal to the Appellate Division is filed, on or after the effective date, and (2) all matters pending in the Appellate Division on the effective date, unless otherwise ordered by the Court upon a showing that the application of the new rules would result in substantial prejudice to a party or would be manifestly unjust or impracticable under the circumstances. The Appellate Division Rules of Practice are located in Part 1250 of the New York State Rules of Court (22 NYCRR Part 1250).

While the newly-adopted Appellate Division Rules of Practice are statewide in application, given the differences inherent in practice amongst the four departments of the Appellate Division, each department has also adopted a set of local rules. The local rules of the Appellate Division, Second Judicial Department may be found in 22 NYCRR Part 670, which has been revised effective September 17, 2018.

Counsel practicing in the Second Department are advised to familiarize themselves with both the statewide Rules of Practice and the Second Department’s local rules. Particular attention is called to section 670.9[b] of the Court’s local rules, which signals a shift in the Court’s approach to deciding motions to extend the time within which to perfect an appeal or file and serve a brief. If you have any questions or comments, please contact the Clerk of the Court at ad2clerk@nycourts.gov