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Appellate Division - Second Department
FAQ's

General Information (4)
Appellate Practice (19)
Calendaring and Oral Argument (8)
Decisions (2)
Motions (10)
Active Case Management (2)
Attorney Matters (7)
Filing Fees and Related Matters (2)


General Information


Q1 ] What are the business hours of the Appellate Division, Second Department?


A ] The court is open for the transaction of business from 9 a.m. to 5 p.m., Monday through Friday, except public holidays.
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Q2 ] Where is the courthouse?


A ] The courthouse is located at 45 Monroe Place in the Brooklyn Heights Historic District of downtown Brooklyn.
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Q3 ] How do I get there?


A ] Downtown Brooklyn is a transportation hub, accessible by many bridges, highways, subway lines, and bus routes. If after reviewing our directions you need further advice and assistance, call the general clerk's office at (718) 875-1300.
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Q4 ] Is the court accessible to persons with disabilities?


A ] Yes. The courthouse grounds were recently upgraded to improve access for persons in wheelchairs. An audio amplification system has been installed in the courtroom for use by hearing-impaired persons and a text telephone (TTY) is also available for their use.
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Appellate Practice


Q1 ] How do I take an appeal?


A ] Some orders and judgments are appealable as of right, others only by permission. Appeals as of right are taken by serving and filing a notice of appeal (CPLR 5515). Permission to appeal is obtained by making a motion for that relief (CPLR 5516).
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Q2 ] When must a notice of appeal be filed or motion for leave to appeal be made?


A ] In a civil case pending in the Supreme Court or Surrogate's Court, a notice of appeal must be served and filed in the office of the clerk of the court of original instance within 30 days after service upon the appellant of a copy of the order or judgment to be appealed with written notice of its entry, or, if the appellant has served the order or judgment with notice of its entry, within 30 days of that service (CPLR 5513[a]). A motion for permission to appeal must be made within the same time limits and, if permission to appeal has already been denied by order of the court whose determination is sought to be reviewed, within 30 days after service of that order and notice of its entry (CPLR 5513[b]).

An appeal from the Family Court must be taken (1) within 30 days after service by a party or a law guardian upon the appellant of the order sought to be reviewed, (2) within 30 days after receipt by the appellant of a copy of the order in open court, or (3) within 35 days after mailing of the order to the appellant by the clerk, whichever is earliest (Family Ct Act § 1113).

An appeal from the Court of Claims must be taken within 30 days after service by a party of the order or judgment sought to be reviewed with notice of its entry, or within 30 days after service upon the appellant of a certified copy of the order or judgment by the clerk of the court (Court of Claims Act § 25).
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Q3 ] Where and how do I serve and file a notice of appeal?


A ] An appeal as of right is taken by serving a notice of appeal on the adverse party and filing it in the office where the judgment or order of the court of original instance is entered (CPLR 5515[1]). In the Second Department two additional copies of the notice of appeal must be filed, to each of which must be affixed a form called a Request for Appellate Division Intervention, a copy of the order or judgment appealed from, and a copy of the opinion or decision, if any (22 NYCRR 670.3[a]).
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Q4 ] When a notice of cross appeal is filed in the court of original instance, is it necessary to file a Request for Appellate Division Intervention?


A ] Yes. Cross appellants must file all the papers required by § 670.3(a) of the court's rules (22 NYCRR 670.3[a]).
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Q5 ] Where and how do I make a motion for leave to appeal?


A ] Whether an order or judgment is appealable by permission and what court is authorized to grant permission varies depending on the court in which the action originated, the courts from and to which the appeal is to be taken, and the nature of the order or judgment appealed from. A person who desires to appeal must check the statutes governing appeals from and to those courts. How to make a motion is explained in chapter 8 of this court's Guide to Civil Practice.
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Q6 ] How do I perfect an appeal?


A ] After an appeal is taken by filing a notice of appeal or obtaining leave to appeal, it must be "perfected". Perfecting an appeal means doing all the acts necessary to place the case on the court's calendar (22 NYCRR 670.2[a][4]). There are several different methods by which appeals may be perfected; they are described in § 670.9 of the court's rules (22 NYCRR 670.9) and in chapter 5 of the court's Guide to Civil Practice.
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Q7 ] What is the difference between the full record method and the appendix method of perfecting an appeal and why would I choose to use one rather than the other?


A ] The full record method involves the reproduction of all the materials specified in CPLR 5526 that constitute the record. It is used where the issues to be raised on the appeal require the examination and consideration of all those materials. The appendix method, on the other hand, is used where the issues to be raised on the appeal are limited and do not require examination of all the materials constituting the record; material that is not germane to the issues to be raised may be omitted from the printed appendix (CPLR 5528[a][5]; 22 NYCRR 670.10.2[c][1]).
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Q8 ] How much time do I have to perfect my appeal?


A ] In civil cases an appeal must be perfected within six months of the date of the notice of appeal or order granting leave to appeal (22 NYCRR 670.8[e][1]). In criminal cases an appeal by the defendant must be perfected within nine months from the date of the notice of appeal, unless a motion for assignment of counsel to prosecute the appeal is made within that time (22 NYCRR 670.8[f]).
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Q9 ] If I run out of time to perfect or to file a brief, how can I ask for more?


A ] A party who needs more time to perfect or to file a brief must obtain an enlargement of time to do so. The procedure is described in § 670.8(d) of the court's rules (22 NYCRR 670.8[d]).
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Q10 ] Today is my last day to file a brief or other paper with the court. If I mail it to you today, will that suffice?


A ] No. Section 670.2(d) of the court's rules (22 NYCRR 670.2[d]) provides that all records on appeal, briefs, appendices, motions, affirmations, and other papers will be deemed filed in this court only as of the time they are actually received by the clerk and that they must be accompanied by proof of service upon all necessary parties pursuant to CPLR 2103.
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Q11 ] Are there special requirements for perfecting cross appeals and concurrent appeals?


A ] A cross appeal is an appeal taken by a party whose interests are adverse to a party who previously appealed from the same order or judgment. Concurrent appeals are those appeals that are separately taken from the same order or judgment by parties whose interests are not adverse to one another but rather to those of another party (22 NYCRR 670.2[a][6]). The court's policy is to require that all appeals from the same order or judgment be heard at the same time before the same panel of Justices. Accordingly, the rules require that the appealing parties consult and file a joint record or joint appendix which shall include copies of all notices of appeal (22 NYCRR 670.8[c][1]).
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Q12 ] Who files what at what time on cross appeals and concurrent appeals?


A ] The joint record or joint appendix and the respective briefs of concurrent appellants must be served and filed together (22 NYCRR 670.8[c][2]). The rules prescribe a special schedule for the filing of briefs in a case involving cross appeals (22 NYCRR 670.8[c][3]). A briefing schedule for cases involving cross appeals and a separate respondent or respondents is not set forth in the rules; parties to such cases are advised to contact the Clerk of the Court or a Deputy Clerk of the Court to establish a briefing schedule designed to accommodate the circumstances of that case.
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Q13 ] What is the schedule for filing a respondent's answering brief and an appellant's reply brief?


A ] A respondent must serve and file an answering brief within 30 days after service of the appellant's brief and an appellant may serve and file a reply brief within 10 days after service of the respondent's answering brief (22 NYCRR 670.8[b]). These periods are subject to extension based on the method of service (see, e.g., CPLR 2103[b][2], [6]). Moreover, if the last day of such a period is a Saturday, Sunday, or a public holiday, service and filing may be made on the next succeeding business day (General Construction Law § 25-a[1]; 22 NYCRR 670.2[b]).
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Q14 ] When a self-represented appellant has not had the record certified, will the court accept the record and the appellant's brief for filing?


A ] The court's rules require that a record or an appendix be certified as a true copy of the original on file in the office of the clerk of the court of original instance either by:
  1. the certificate of an attorney pursuant to CPLR 2105,
  2. a certificate of the clerk of the court of original instance, or
  3. the stipulation of the parties to the appeal pursuant to CPLR 5532 in lieu of certification.
However, a self-represented (pro se) litigant who cannot obtain the certificate of an attorney or a stipulation from the other parties to the appeal, and who cannot afford to obtain the certification of the record or appendix from the office of the clerk of the court of original instance, may tender the record or appendix for filing together with a motion to dispense with compliance with the certification requirement. The general clerk's office will accept such an uncertified record or appendix for filing subject to the outcome of the motion.
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Q15 ] Can the parties to an appeal stipulate to omit matter from or add matter to the material that constitutes the record on appeal from an order or judgment?


A ] The content of the record on appeal is fixed by CPLR 5526 and the parties cannot stipulate to add to or subtract from the material specified by the statute. The parties may stipulate to omit the reproduction of exhibits in a printed record or appendix but the originals of those exhibits, unless of a bulky or dangerous nature, must be filed with the clerk at the time the appellant's brief is filed (22 NYCRR 670.10.2[b][6]). Only the material specified in CPLR 5526 may be included in a printed record or appendix; the parties may not add to a record or appendix any matter that was not before the court of original instance and considered by it in making the order or judgment appealed from. In very limited circumstances a motion may lie to expand the record to take cognizance of documentary evidence, the existence and accuracy of which is not or cannot be disputed, or to take judicial notice of matters of public record (see Brandes Meat Corp. v Cromer, 146 AD2d 666, 667).
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Q16 ] What material may be included as an addendum to a brief?


A ] Unless authorized by the court, briefs may not contain maps, photographs, or other addenda (22 NYCRR 670.10.3[h][2]). To this rule there are two exceptions. First, briefs that have an addendum for the convenience of the court containing the text of cited but difficult to obtain cases, statutes, rules, and regulations, etc., will be accepted for filing (22 NYCRR 670.10.3[h][1]). Second, if an appeal or proceeding is prosecuted on the original papers, the appellant's or petitioner's brief must include either an addendum containing a copy of the notice of appeal, the order or judgment appealed from, and the opinion or decision of the court, if any, or a copy of the order transferring the proceeding to this court (22 NYCRR 670.10.3[g][2][vi]).
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Q17 ] How many copies of records or appendices and briefs must be served and filed?


A ] Where the full record method or the appendix method is used to perfect an appeal, the appellant must serve two copies of the record or appendix and the brief on each adversary and file nine copies with the court. Where the original papers method is used, only one copy of the brief need be served on each adversary (22 NYCRR 670.8[a]); however, nine copies must still be filed with the court. The same principle applies to answering and reply briefs (22 NYCRR 670.8[b]).
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Q18 ] Must I notify the court if an event occurs that would affect the continued viability of my appeal or proceeding?


A ] If an appeal or an underlying action or proceeding is wholly or partially settled, or if any issues are wholly or partially rendered academic, or if any appeal or proceeding should not be calendared because of bankruptcy or death of a party, inability of counsel to appear, or for some other reason, the parties or their counsel must immediately notify the court (22 NYCRR 670.2[g]). Any attorney or party who, without good cause, fails to give such notice may be subject to the imposition of costs and/or sanctions.
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Q19 ] How do I withdraw a pending appeal or proceeding?


A ] An appellant may withdraw an unperfected appeal or proceeding by sending a letter to the court, with a copy to all other parties, requesting that an order be issued to that effect. If the appeal or proceeding has been perfected, an appellant must either make a formal motion on notice for leave to withdraw it, or must submit a stipulation signed by all parties consenting to the withdrawal. An appellant wishing to withdraw a perfected appeal should include in his or her submission to the court a statement as to when the event warranting withdrawal occurred and an explanation for any delay in informing the court thereof. The failure to immediately notify the court of such an event may result in the imposition of sanctions (22 NYCRR 670.2[g]).
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Calendaring and Oral Argument


Q1 ] How can I find out if my case has been calendared?


A ] The court schedules cases for a hearing before a particular panel of Justices by publishing its day calendars in the New York Law Journal and by posting them on this site. No other official notice is provided to litigants. Oral argument will not be rescheduled because a litigant failed to obtain actual prior notice of the appearance of a cause on the day calendar. A party wishing informal, prior notification of the date his or her case will appear on the day calendar may periodically telephone the general clerk's office at (718) 875-1300. Alternatively, he or she may submit a self-addressed, stamped postcard to the calendar clerk. However, the court assumes no responsibility for the accuracy, timeliness, or receipt of such informal notice, and parties are reminded that the only official notice of the calendar date is the publication in the New York Law Journal.
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Q2 ] When and where does the court convene?


A ] Unless otherwise ordered, the court convenes in the courtroom of its courthouse, located at 45 Monroe Place in Brooklyn, at 10 a.m. on Monday, Tuesday, Thursday, and Friday (22 NYCRR 670.1[a]).
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Q3 ] I want to orally argue my appeal. How do I notify the court of my intention to do so?


A ] A request for argument is made by placing a notation on the upper right hand corner of the cover of the party's main brief stating whether the cause is to be argued and, if so, the time actually required for argument and the name of the attorney who will argue (22 NYCRR 670.10.3[g][1]).
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Q4 ] If I request oral argument and then change my mind, do I have to notify the court?


A ] A party who originally elected to argue may elect to submit the case without argument. By custom, if a party who has asked for argument does not answer at the call of the calendar, the cause will be marked submitted by that party (see 22 NYCRR 670.20[h]).
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Q5 ] Are there certain cases for which oral argument is limited or not permitted at all?


A ] The maximum time allowed for argument is 30 minutes for each party who has filed a brief on appeals from orders or judgments made after a trial or hearing, appeals from orders of the Appellate Term, and original special proceedings to review an administrative determination made after a hearing. All other cases are limited to 15 minutes for each party who has filed a brief, except that certain issues are not arguable at all, e.g., maintenance, spousal support, counsel fees, and excessiveness of sentence (see 22 NYCRR 670.20[a], [b], and [c] for details on oral argument).

Q6 ] Can audio or video equipment be used in the courtroom during oral argument?


A ] The use of audio or video equipment is governed by Part 29 of the rules of the Chief Judge (22 NYCRR Part 29) and is permitted in the courtroom only with the prior permission of the court (22 NYCRR 29.1[b][2]; 29.2). An application expressing the reason why permission is sought must be made in writing, addressed to the Clerk of the Court. The use of audio or video equipment must, among other factors, be unobtrusive so as not to interfere with court decorum, be consistent with the safety of persons in the courtroom, and not place an undue burden on the resources of the court.
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Q7 ] I was notified that my case will receive "submission calendar" treatment. What does that mean and does it indicate that the court takes a negative view of the appeal?


A ] The court may, in its discretion, deny argument of any cause (22 NYCRR 670.20[d]). It does so in relatively noncomplex cases and places them on a calendar of submitted matters. This does not indicate that the court deems the appeal to be without merit, but rather only that the court has concluded that it does not need oral argument to assist in deciding the matter.
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Q8 ] My case is on a day calendar published in the New York Law Journal. How can I get an adjournment?


A ] Adjournment requests are disfavored because the panel of Justices scheduled for a particular day will rarely, if ever, recombine in the ensuing months. The Justices prepare well in advance of the calendar date and to avoid wasting that work, a special calendar date must be arranged for adjourned cases. The best advice is to avoid the need for an adjournment by informing the court, in advance, of commitments that will interfere with an attorney's ability to appear on a particular date. The court attempts to avoid scheduling conflicts when placing a case on the calendar. If unforeseen events make a request for an adjournment a necessity, it should be made by letter addressed to the Clerk of the Court, with a copy to each other party to the appeal or proceeding, stating:
  1. why the attorney cannot appear for oral argument,
  2. why no other attorney can appear in his or her place and,
  3. why oral argument, rather than submission, is necessary.

Adjournment requests may be sent by facsimile to (212) 419-8457.

Please note that the fact that a matter has settled and the parties are preparing to withdraw the appeal is not an appropriate basis for requesting an adjournment of oral argument.  In such circumstances the appeal should be withdrawn, either by stipulation or motion, prior to the date on which the appeal is calendared.

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Decisions


Q1 ] How can I find out if my case or motion has been decided and obtain a copy of the decision?


A ] The text of the court's decisions for the past several months are available from the New York State Law Reporting Bureau. Simply click "Decisions" on the left hand margin of any page of this site to begin a search. The court's decisions on appeals and proceedings are also published in the New York Law Journal, as are most motion decisions, and in the official Appellate Division Reports. If a party wishes to receive a copy of the decision in the form in which it was originally released by the court, he or she may submit a self-addressed, stamped envelope to the general clerk's office which should bear the docket number or numbers assigned by the court (22 NYCRR 670.2[f]). Copies of the court's decisions are available to nonparties from the general clerk's office for a fee of $1 for the first page and 50¢ for each additional page (22 NYCRR 670.22[b][1]). A copy of a decision may be obtained in the general clerk's office or by mail by sending a written request to the general clerk's office including the name of the case, the Appellate Division docket number, and the date of the decision, along with a check in the required sum made payable to the "Clerk of the Court" and a stamped, self-addressed envelope.
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Q2 ] What does the cost provision mean and where are costs taxed?


A ] Costs on a civil appeal determined by the Appellate Division are $250 (CPLR 8203[a]). A party who prevails on an appeal is generally awarded costs. A party to whom an award of costs is made is also entitled to tax his or her disbursements (see CPLR 8301[a]). Costs and disbursements are taxed in the office of the Clerk of the Court of original instance, not in the Appellate Division.
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Motions


Q1 ] How do I make a motion?


A ] If a party needs to seek interim relief from the court during the course of an appeal or proceeding, he or she must make a motion, which may be brought on by a notice of motion or order to show cause. How to make a motion in this court is explained in chapter 8 of the court's Guide to Civil Practice, and in § 670.5 of its rules (22 NYCRR 670.5).
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Q2 ] How can I maintain the status quo during an appeal?


A ] Where compliance with the terms of a judgment or order during the pendency of an appeal threatens to change the status quo and render that appeal academic, the appellant may seek a stay of enforcement pursuant to CPLR 5519. Where ongoing acts not commanded or forbidden by the judgment or order would similarly tend to render the appeal academic, the appellant may move for an injunction pursuant to CPLR 5518. In either case, if the threat of change is imminent, the appellant may bring on a motion for a stay or injunction by an order to show cause containing a temporary restraining order (TRO) that would maintain the status quo during the pendency of the motion (CPLR 5518).

A party seeking a temporary restraining order must give reasonable notice of the date and time when, and location where, the order to show cause will be presented and the relief being requested (22 NYCRR 670.5[e]). Absent exigent circumstances, the custom is to give such notice by telephone at least 24 hours in advance. An order to show cause containing a temporary restraining order must be personally presented for signature by an attorney or by the party if he or she is self-represented (proceeding pro se).
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Q3 ] When and where can I present an order to show cause for signature?


A ] An order to show cause may be presented for signature at the Appellate Division courthouse located at 45 Monroe Place in Brooklyn, Mondays through Fridays, excepting public holidays, between the hours of 9 a.m. and 5 p.m. Additionally, individual Justices may be available to entertain an order to show cause in their home chambers, which should be contacted in advance to make an appointment.
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Q4 ] When and where are motions returnable?


A ] A motion brought on by notice of motion may be made returnable only at 9:30 a.m. on a Friday, and must be served in accordance with CPLR 2103 and made on the notice required by CPLR 2214. The return date of a motion brought on by order show cause and the method and time of its service are fixed by the Justice who signs it. All motions are returnable at the Appellate Division courthouse.
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Q5 ] How many copies of motion papers are required?


A ] Only the original.
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Q6 ] Are motions submitted or argued?


A ] All motions are submitted.
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Q7 ] Must I appear on the return date?


A ] No calendar of motions is called and no appearance is permitted or required (22 NYCRR 670.5[b]).
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Q8 ] Can I seek an adjournment of a motion?


A ] Written requests for an adjournment, supported by a showing of good cause, may be made by letter to the court's motion department or by facsimile transmission to it at (212) 401-9114, with a copy to each other party to the appeal or proceeding.
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Q9 ] Can I seek more time to serve and file answering or reply papers?


A ] Written requests for additional time to answer a motion or to file a reply, may be made by letter to the court's motion department or by facsimile transmission to it at (212) 401-9114, with a copy to each other party to the appeal or proceeding.
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Q 10] Is there a fee to make a motion or cross motion?


A] CPLR 8022[b] provides that the fee for filing a motion or cross motion regarding a civil appeal or special proceeding is $45. However, no fee is payable for a motion or cross motion which seeks poor person relief pursuant to CPLR 1101[a].
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Active Case Management


Q1 ] What is the Active Case Management Program?


A ] The pace of prosecution of most appeals and proceedings in an appellate court is controlled by the parties within the time limits set by the court's rules. This court has determined that some cases require expedited treatment and the assistance of court personnel to aid the parties and counsel to perfect those cases rapidly. To achieve this goal the court created an Active Case Management Program and authorized the Clerk of the Court to issue scheduling orders directing the parties to take specified action to expedite the prosecution of cases assigned to the program (22 NYCRR 670.4[a]). The classes of cases designated for active management are specified in the court's Administrative Order ADM 2002-1224.2 and include all appeals from orders of the Family Court. A case manager on the court's staff is assigned to each such appeal to facilitate its perfection.
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Q2 ] How can I get my appeal or proceeding into the Active Case Management Program?


A ] Cases entitled to a preference by law or to which a preference has been granted pursuant to § 670.7(b) of the court's rules (22 NYCRR 670.7[b]) are automatically placed in the program. If the case is not one specifically enumerated in Administrative Order ADM 2002-1224.2 or entitled to a preference by law, a motion for a preference is necessary.
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Attorney Matters


Q1 ] How can I obtain a certificate of good standing?


A ] A certificate of good standing attests to an attorney’s admission to practice and current status of good standing before the bar. The phrase “good standing” means that the attorney has been duly admitted to practice, is not disbarred or suspended, is currently registered with the Office of Court Administration, and is not in arrears in the payment of the biennial registration fee required by law.

An attorney may obtain a certificate attesting to his or her good standing at the bar by writing to the court on his or her professional letterhead. The letter should state the name under which the attorney was admitted and his or her dates of birth and admission, respectively. It should be addressed to the attention of the Attorney Matters Section at the courthouse, and should be accompanied by a check made payable to the "Clerk of the Court" in the sum of $5 for each certificate requested and a stamped, self-addressed envelope. It takes five to six business days to process such requests. Certificates of good standing can be obtained in person at the general clerk's office. If an attorney sends someone in his or her place to obtain the certificate, that person must present a letter of authorization on the attorney's letterhead containing the information set forth above. The bearer must either be named in the letter or possess identification issued by the law firm of which the attorney seeking the certificate is a member.
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Q2 ] How can I apply to change my name on the Roll of Attorneys and Counselors-at-Law?


A] The name under which an attorney is authorized to practice law is the name under which he or she was admitted to practice and which is recorded in the Roll of Attorneys and Counselors-at-Law maintained in the office of the Clerk of the Court. An attorney may not begin to practice under a different name without the prior approval of an application to do so by the Appellate Division in the Department in which he or she was admitted.

An attorney in good standing who was admitted to practice in this court and who wishes to change the name under which he or she appears on the Roll of Attorneys and Counselors-at-Law may apply to do so as of right by completing and filing the court's form Name Change Affidavit and sending it to the attention of the Attorney Matters Section at the courthouse. The affidavit must be accompanied by a certified copy of a court order authorizing the attorney to assume the name proposed (see Civil Rights Law § 63), a certificate of marriage registration setting forth a changed marital surname (see Domestic Relations Law §§ 14, 15[1][b]; Civil Rights Law § 65[1]), or a judgment of divorce or annulment authorizing the resumption of use of a surname by which the attorney was known prior to marriage (see Domestic Relations Law § 240-a; Civil Rights Law § 65[2]). Upon the completion of processing the Clerk of the Court will notify the attorney, in writing, that his or her name has been changed on the Roll of Attorneys and Counselors-at-Law. At that time the supporting documentation will be returned to the attorney applying for the name change, provided that he or she requests that the court do so and supplies a self-addressed, business-sized envelope with proper postage for that purpose.
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Q3 ] Where may an attorney obtain ethical guidance regarding questions concerning his or her own professional conduct?


A ] The court does not provide advisory opinions on ethical questions. Attorneys may seek advice from the professional ethics committee of their local bar association or may write to the Committee on Professional Ethics of the New York State Bar Association, 1 Elk Street, Albany NY 12207 or call it at (518) 463-3200 for immediate guidance.
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Q4 ] Must a New York lawyer maintain an office in this State in order to practice?


A ] Yes. See Judiciary Law § 470.
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Q5 ] How do I make a pro hac vice application?


A ] An attorney and counselor-at-law or the equivalent who is admitted to the bar of another state, territory, district, or foreign country may be admitted pro hac vice with respect to an appeal or proceeding pending before this court pursuant to § 520.11 of the rules of the Court of Appeals and § 670.6(e) of the rules of this court (22 NYCRR 520.11[a]; 670.6[e]). A formal motion is required. The applicant must establish that he or she is associated with a member of the New York bar who shall appear with him or her on the appeal or proceeding and shall be the person upon whom all papers must be served. The motion must also be supported by a certificate of good standing from the bar of the jurisdiction in which the applicant maintains his or her principal office for the practice of law. Consult § 670.6(e) of the rules of the court for further information (22 NYCRR 670.6[e]).
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Q6 ] How long must attorneys retain their financial files?


A ] Rule 1.15(D) of the Rules of Professional conduct requires that financial records must be kept for at least seven years (22 NYCRR part 1200, rule 1.15[d]).
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Q7 ] Where are retainer and closing statements filed and how may I obtain a copy?


A ] Retainer and closing statements are filed with the Office of Court Administration (22 NYCRR 691.20). Such statements are confidential and may not be disclosed or inspected except on written order of the Presiding Justice (22 NYCRR 691.20[c][1]). An application for disclosure may be made by letter addressed to the Clerk of the Court, setting forth good cause for the relief requested. If the application seeks disclosure of a retainer or closing statement filed by someone other than the applicant, a copy of the letter seeking disclosure should be sent to the attorney who filed the statement in question unless good cause exists for omitting such notice.
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Filing Fees and Related Matters


Q1] What court fees can I expect to pay in connection with an appeal or special proceeding in the Appellate Division?


A] CPLR 8022 sets the fees in connection with civil appeals and proceedings before appellate courts. A fee of $65 is payable to a county clerk for filing a notice of appeal in his or her office. The fee to perfect a civil appeal or to file the papers commencing a special proceeding in the Appellate Division is $315. The fee to file a motion or cross motion with respect to a civil appeal or special proceeding is $45. All these fees are payable in advance of the filing of the papers in question.
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Q2] I cannot afford to pay the fees, costs, and expenses necessary to prosecute or respond to a civil appeal or special proceeding, or to make a motion with respect thereto, in the Appellate Division. Can I be exempted from such payments?


An individual can be exempted from payment of the fees, costs, and expenses in connection with a civil appeal and special proceeding in the Appellate Division by successfully making a motion to the court pursuant to CPLR 1101 for poor person relief. There is no fee to make such a motion (CPLR 8022[b]). CPLR 1102 provides that if the motion is granted, the privileges of a poor person include an exemption from the payment of fees and costs, the right to the use of a free copy of the transcript of the minutes of any trial or hearing that led to the order or judgment appealed from, the right to perfect the appeal or proceeding using the original record method (see, 22 NYCRR 670.9[d]), and, in some cases, the assignment of counsel. However, if as a result of the appeal or special proceeding the person awarded poor person relief obtains an award of money by judgment or by settlement, the court may direct that all or a portion of the fees, costs, and expenses be paid out of the recovery (see CPLR 1102[d]).
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