Primary elections will take place in New York on Tuesday, June 23, 2020. The Appellate Division, Fourth Department has determined that appeals relating to the 2020 primary elections will be considered according to the following schedule:

Appeals must be perfected on or before Wednesday, May 6 at 5:00 p.m.
Respondent’s briefs must be filed and served on or before Friday, May 8 at 5:00 p.m.
Reply briefs must be filed and served on or before Monday, May 11 at 5:00 p.m.
In any primary election matter e-filed pursuant to 22 NYCRR part 1245, upon receipt of an appellate docket number from the Court, appellant shall immediately serve the notification of that docket number required by 22 NYCRR 1245.3 (b) upon all other parties via e-mail or facsimile, and e-file proof of such service.
Any argument in these appeals, if requested, will be held remotely via videoconferencing or telephonic means on Tuesday, May 12 at 2:30 p.m.  The Court will provide required logistical information to all parties who request oral argument.

Except as specified herein, all filings must comply with the Practice Rules of the Appellate Division (22 NYCRR part 1250), the Electronic Filing Rules of the Appellate Division (22 NYCRR part 1245), and the Fourth Department’s Rules of Practice (22 NYCRR part 1000). In e-filed matters, the Court is waiving the hard copy filing requirement in 22 NYCRR 1245.6 (a). In other matters, the Court is waiving the hard copy filing requirement with respect to briefs in 22 NYCRR 1250.9 (a), (c), and (d), and if a digital copy of the record is filed with the Court pursuant to 22 NYCRR 1250.9 (a) (1), the Court is waiving the requirement in that section that hard copies of the record also be filed. Where filing of hard copies pursuant to 22 NYCRR 1250.9 (a), (c) or (d) is waived, parties must still ensure proper service of the filing on all other parties. In these matters, proof of service of a digital copy of a filing will be accepted.

Please contact the Clerk’s office at ad4-clerk@nycourts.gov at the earliest indication that an appeal may be taken regarding a primary election matter.  


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The Supreme Court of the Appellate Division, Fourth Judicial Department hears appeals from the state's trial courts located in the 22 Central and Western New York counties assigned to the Fifth, Seventh, and Eighth Judicial Districts. More »

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