By joint order of the Departments of the Supreme Court, Appellate Division, electronic filing has come to the Appellate Division, Fourth Department effective March 1, 2018. E-filing in the Fourth Department will be accomplished through the New York State Courts Electronic Filing (NYSCEF) system. The Joint Rules of the Appellate Division on Electronic Filing (22 NYCRR Part 1245), with specific guidelines for practice in the Fourth Department, links to all required forms, and formatting requirements for e-filed documents may be found at https://ad4.nycourts.gov/efile ».

As of March 1, the Court will require e-filing in all appeals in matters originating in, or transferred to, the Commercial Division of Supreme Court in the Fourth Judicial Department. The Court will not require e-filing with respect to any matter in which a notice of appeal is filed before March 1, 2018. In matters in which a notice of appeal was filed within 14 days of March 1, 2018, litigants who wish to proceed by e-filing may do so, as long as they register with NYSCEF and enter the required information on or after March 1 AND within the 14-day window after filing the notice of appeal (see 22 NYCRR 1245.3 [a]).

For purposes of 22 NYCRR 1245.3 (a) (2), the Court requires counsel for the appellant or petitioner, unless an exempt attorney, to enter all identifying information required by the NYSCEF system and to e-file a copy of the notice of appeal with proof of service, a copy of the judgment or order being appealed, and a copy of any decision on which that judgment or order is based. For purposes of 22 NYCRR 1245.3 (d) (2), the Court requires counsel for respondent(s) and each other party to the matter, unless and exempt attorney, to enter all identifying information required by the NYSCEF system and to e-file any notice of cross appeal, with proof of service.

For guidance on using the NYSCEF system for e-filing in the Appellate Division, the NYSCEF Resource Center offers online training [www.nyscef-training.eventbrite.com] as well as assistance via email, at efile@nycourts.gov, or by telephone at (646) 386-3033. Any questions which relate to this Court's rules and procedures can be directed to (585) 530-3100.

We look forward to working with you to make e-filing in the Fourth Department a success.

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