Calendars Decisions

Electronic Filing

E-Filing Expansion in the Appellate Division, Second Judicial Department

The Appellate Division for the Second Judicial Department began e-filing, through the New York State Courts Electronic Filing (NYSCEF) system, earlier this year. We started in Westchester County in March, and expanded to Suffolk County in July. Currently, the Court requires that all appeals in all matters originating and electronically filed in the Supreme and Surrogate’s Courts of those two counties be e-filed. The rules of the Appellate Division on electronic filing may be found at 22 NYCRR Part 1245. In addition, please click here for further information regarding technical requirements and guidelines for e-filing in the Second Department.

Given the great success of e-filing in the Second Department thus far, the Court will further expand mandatory appellate e-filing to the rest of the Ninth Judicial District. As of December 3, 2018, the Court will require appeals in all matters originating and electronically filed in Supreme and Surrogate’s Courts in Orange, Dutchess, Putnam and Rockland Counties to be e-filed. Therefore, in addition to appeals in matters originating and electronically filed in Westchester and Suffolk Counties, e-filing will be required in the following appeals in all matters originating and electronically filed in Supreme and Surrogate’s Courts in Orange, Dutchess, Putnam and Rockland Counties:

    1. Where the notice of appeal is dated on or after December 3, 2018, and
    2. Where the notice of appeal is dated prior to December 3, 2018, and the appeal is perfected on or after January 15, 2019.

In matters which fall within category (2), compliance with the time limitation contained in 22 NYCRR 1245.3(a) shall be measured from December 3, 2018.

E-filing is neither mandated nor permitted in all matters originating and electronically filed in Supreme and Surrogate’s Courts in Orange, Dutchess, Putman and Rockland Counties which are perfected prior to December 3, 2018.

For those practitioners and unrepresented litigants who need some guidance regarding the use of the NYSCEF system as it relates to the Appellate Division, the NYSCEF Resource Center offers online training 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 AD2-ClerksOffice@nycourts.gov or (718) 722-6324. For fillable forms please click here.

This is a new and exciting time for the Second Department. During the first few months of implementation, e-filing rules will be applied with some flexibility. We hope that practitioners, many of whom have experience using the NYSCEF system, will work with the Court’s staff to make e-filing in the Appellate Division, Second Department a success!