Navigating the Changes to the New York Appellate Division Rules

Streams live on: Thursday, August 23, 2018 at 02:00pm EDT

Course Format Webcast

Taught by

Categories:

Course Description

Estimated Duration 75 Minutes
Difficulty Intermediate

Confused about Appellate Division e-filing in New York? Which appeals must be e-filed? Do you know which formatting rules are changing and which are staying the same? Which rules are the same in all four Departments of the Appellate Division now? You don’t want to miss this unique opportunity to have your appellate questions answered.

This experienced panel, consisting of Jacquelyn Mouquin and Michael Kestan of AppealTech, in conjunction with Vincent Chirico of Chirico Law PLLC, will address how the recently implemented Uniform E-filing Rules and upcoming Uniform Procedural Rules of the Appellate Divisions have impacted all four departments. The discussion will also address how the Uniform Rules have and will impact practice and brief writing.


Learning Objectives:

  1. Examine the new rule changes in the Appellate Division, First & Second Judicial Department, specifically concerning the following changes:

    1. Court-Specific papers to be e-filed

    2. Court’s timing for review of documents, assigning docket numbers, etc.

    3. Challenges/things to watch out for

    4. Where the court is opting out

    5. Where the court is participating

    6. Significant differences from previous practice in AD1

    7. Differences in application between the four departments of the Appellate Division

  2. Review the timing of the rule changes

  3. Discern the impact on practice and writing style for appeals based on new rules

  4. Compare new differences and similarities to the Third Department and Fourth Department

Faculty

Jacquelyn L. Mouquin is known for her efficient and responsive assistance to attorneys’ appellate practice. With more than 10 years’ legal experience, Jacki has amassed a thorough understanding of state and federal courts. Jacki specializes in appeals at the New York appellate courts, including the Appellate Division, First and Second Department, and the New York Court of Appeals, as well as federal courts, including the United States Courts of Appeals for the Second and Federal Circuits.

Jacki is admitted to the state bars of New York, New Jersey, Connecticut, Massachusetts and Rhode Island. Her extensive track record advising and guiding clients through all phases of the appellate process makes her an invaluable asset to both AppealTech and her clients.

Michael Kestan

AppealTech

Michael Kestan, an attorney, is the President and owner of AppealTech. Prior to joining AppealTech, he was a litigator in New York City for over 12 years. Mr. Kestan’s litigation experience includes commercial litigation at Nixon Peabody as well as insurance defense litigation. He has represented and worked with large corporate clients and many major insurance companies.

Mr. Kestan’s litigation experience gives AppealTech a unique insight into the needs and requirements of all our clients. He has extensive knowledge of appellate procedure as well as practical litigation experience.

Vincent Chirico

Chirico Law PLLC

Vince has over twenty-five years of experience in civil litigation, having served as national coordinating counsel for Fortune 500 companies in nationwide and cross-border, industry-wide and individual matters through trial and appeal. As partner in a mid-size New York City firm, Vince also headed its appellate practice group. 

In 2012, Vince formed Chirico Law PLLC, providing litigation and transactional representation as well as consulting services to other law firms. In the litigation sphere, Chirico Law specializes in appeals in various contexts, including commercial, product liability, transportation, and construction law. The firm’s transactional Practice focuses on business formation and transactions, real estate and estate planning. 

Vince is a graduate of New York Law School (Class of ’93), where he also served as Adjunct Professor for 11 years, teaching upper-class and first-year courses on legal writing, research, analysis, persuasion, pre-trial and appellate advocacy. He currently presents legal education seminars focusing on appeals, practice management, practical skills and persuasion. 

In addition to memberships in the New York State and City Bar Associations, Vince is a member of Brooklyn’s Community Board #11, and serves as Chairperson of Opportunities for a Better Tomorrow (www.obtjobs.org), President of the American-Italian Coalition of Organizations (www.amicoinc.org), and Vice President of the Dyker Heights Athletic Association (www.knightsaa.org). 

Vince is admitted to practice in State and Federal courts in New York and New Jersey. 


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