Wed Aug 29 2018
Effect of New Rules on Matters Pending September 17th

Pursuant to the Joint Order of the Departments of the New York State Supreme Court, Appellate Division dated June 29, 2018, 22 NYCRR Part 1250, the new Practice Rules of the Appellate Division, shall apply to each matter pending in the Appellate Division on September 17, 2018 "unless otherwise ordered by the Court upon a showing that application of Part 1250 to the matter would result in substantial prejudice to a party or would be manifestly unjust or impracticable under the circumstances."

Parties with an appeal pending on September 17, 2018 that would be dismissed automatically pursuant to 22 NYCRR 1250.10(a) may move prior to September 17, 2018 for an extension of time to perfect pursuant to 22 NYCRR 1000.13 (f), the rule currently governing motions for extensions of time to perfect.

On or after September 17, 2018, parties with an appeal automatically dismissed pursuant to 22 NYCRR 1250.10(a) must move to vacate the dismissal pursuant to 22 NYCRR 1250.10 (c).

Please be assured that our goal is to work with attorneys and litigants to insure that the transition to the new Practice Rules does not unfairly jeopardize the substantive rights of anyone who makes a good faith effort to abide by the new rules, particularly with respect to the perfection of appeals pending on September 17, 2018.

The new rules -- both the local practice rules and the statewide practice rules -- can be viewed on the Fourth Department's website: ad4.nycourts.gov/rules »