The Appellate Process at the NY State Appellate Division: Perfecting Civil Appeals in the New York State Appellate Division, Third & Fourth Departments

The New York State Appellate Division, the Third and Fourth Departments have many rules and regulations, some official, some less so, with which attorneys must comply when perfecting their appeals. In this course, Eric Kuperman, Esq. and John McGorty address the process and elaborate on the intricacies of that which is required when filing in either of these two Upstate New York-based Courts. Here, they focus on the preparation and timely filing of the Notice of Appeal and accompanying documents as well as the necessary documents to be included in the Record/Appendix and the requirements for the various appellate briefs. Idiosyncrasies such as enlargements of time, briefing schedules for appeals with numerous parties and filing Motions for Leave to Appeal are also discussed in depth. At the conclusion of the program, they briefly examine oral argument and explain how perfecting appeals works in the New York State Court of Appeals, which is New York State’s highest court.

Learning Objectives: 

I.     Understand how and when to file a Notice of Appeal

II.    Identify what to include in the Record on Appeal

III.   Grasp what to include in the Brief

IV.   Recognize best practices for presenting Oral Arguments