Notice of appeal new york stops

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

The Appellate Term, Second Department is located at 141 Livingston Street, 15th Floor, Brooklyn, New York 11201.

In general, all papers must be filed with the clerk’s office at the above location. Additionally, in all counties located in the Second Department (except Kings County), a proposed order to show cause may be presented to an Appellate Term Coordinator located in the Supreme Court in the county in which the order or judgment appealed from arose. Please refer to Motions for additional information.

Most oral arguments on appeals to the Appellate Term for the 2nd, 11th and 13th Judicial Districts (Kings, Queens and Richmond counties) are held at the Brooklyn courthouse. Oral arguments heard on appeals for the 9th and 10th Judicial Districts are heard at various locations, as set forth under Calendaring and Oral Argument.

Downtown Brooklyn is a transportation hub, accessible by many bridges, highways, subway lines, and bus routes. If after reviewing our directions you need further assistance, call the clerk’s office at (347)401-9580.

Yes. The Appellate Term, Second Department is wheelchair accessible.

General Appellate Practice

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). Civil appeals must also be accompanied by the request for Appellate Term action (RATA) form. Permission to appeal is obtained by making a motion for that relief (CPLR 5516). See Civil Appeals or Criminal Appeals for information specific to that particular type of appeal.

The Appellate Term charges no fees. In most civil cases, the court where your case originated charges a fee for the filing of the notice of appeal and the cost of the minutes (if necessary). In criminal cases, there is no charge for filing the notice of appeal, but there is a fee for the minutes (if necessary).

No. Filing a notice of appeal does not stop the lower court proceeding from going forward. See Motions and Orders to Show Cause for further information on how to seek a stay.

Q8: 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?

No. The court’s rules provide that all briefs, 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 2l03 (22 NYCRR 730.2[c]).

Q9: When an appellant has not ordered, obtained and settled the necessary minutes of the action or proceeding, if required, will the court accept the appellant’s brief for filing?

No. If one or both of the parties are self-represented, the court must receive the record on appeal with the minutes from the lower court, prior to accepting the appellant’s brief.

For civil appeals, if both parties are represented by counsel, a reproduced record certified under CPLR 2015 with the minutes, if required, must be filed prior to or in conjunction with the acceptance of the appellant’s brief (22NYCRR 731.7 [b][c]; 22 NYCRR 731.9).

In both of the above instances, a clerk’s return, which indicates that the lower court judge has signed off on the minutes (if any exist) must be provided.

Q10: I have a court-ordered deadline to perfect my appeal but the record on appeal has not yet been received by the Appellate Term. What can I do?

If you have a court-ordered deadline to perfect your appeal you must serve and file a motion for an enlargement of time to perfect your appeal. If your order contained a stay that will fall if the appeal is not perfected, you must move by order to show cause to continue the stay pending appeal and enlarge the time to perfect.

You may also stipulate with all other parties involved in the appeal for an extension of time to perfect your appeal. The stipulation must include language indicating that the stay shall continue.

A maximum of one stipulation is permitted per appeal. All stipulations are subject to court approval.

Q11: Can the parties to an appeal attach documents to their brief, which were not considered by the Judge in the court where their case originated?

No. The parties may not add anything new to a record or brief which was not considered by the Judge in the court where their case originated.

If one or both of the parties are self-represented, the court must receive the record on appeal including the minutes, if any, from the lower court, prior to accepting the appellant’s brief.

For civil appeals, if both parties are represented by counsel, the appellant must submit a reproduced record on appeal certified under CPLR 2015 including the minutes, if any, prior to or in conjunction with the court accepting the appellant’s brief (22 NYCRR 731.7 [b] [c]; 22 NYCRR 731.9).

In both of the above instances, a clerk’s return which includes that the lower court judge has signed off on the trial minutes, if any exist, must be provided.

Q13: Must I notify the court if any event occurs that would affect the continued viability of my appeal or proceeding?

Yes. 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. Any attorney or party who, without good cause, fails to give such notice may be subject to the imposition of costs and/or sanctions (22NYCRR 730.3[c]).

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. 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 (22 NYCRR 731.7[f]).

An appellant may withdraw an unperfected appeal 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 submit a stipulation signed by all parties consenting to the withdrawal. An appellant wishing to withdraw a perfected appeal should include in their 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 costs and/or sanctions (22 NYCRR 730.3[c]).

Q16: My address haschanged. What is the proper way to inform the court and the other parties to the appeal?

You must submit a letter informing the court of your address change and supply proof that all other parties involved in the appeal have been notified. You may also complete and file the court’s form, Notice of Address Change – Form 23.

Your attorney must submit the court’s Notice of Appearance – Form 22 and supply proof that all other parties involved in the appeal have been notified (22NYCRR 730.2[h][5]).

An appellant consents to receiving notification of court dates and copies of decisions via email by providing their email address on the request for Appellate Term action (RATA) form which is submitted when filing the notice of appeal.

Also, the Appellate Term currently sends notifications of court dates and copies of decisions to parties who provide their information by submitting the court’s Email Notification Form - Form 24. Please follow the instructions on the cover page. You are responsible for notifying the court of any changes.

Q19: I have recently discharged the attorney who was representing me. How do I properly inform the court of the change?

Your attorney must submit notification to the court that they are no longer representing you along with proof that all the other parties involved in the appeal have been notified.

Civil Appeals

In most civil cases, a notice of appeal must be served upon the adverse parties and filed in the court where your case originated within 30 days after service upon the appellant of a copy of the judgment or order to be appealed with written notice of its entry, except that when the appellant has served a copy of the judgment or order with written notice of its entry, the appeal must be taken within 30 days thereof (CPLR 5513[a]).

In small claim and commercial claim cases commenced in the New York City Civil Court, or in the District, City and Justice courts outside of New York City, the 30-day period within which to take an appeal begins to run when (1) the court served the order or judgment upon the appellant, (2) a party serves the order of judgment upon the appellant, or (3) the appellant serves the order on the party, whichever occurs first (NYC Civil Court Act § 1703[a]; Uniform District Court Act § 1703[a]; Uniform City Court Act § 1703[a]); Uniform Justice Court Act 1703[a].

An appeal as of right is taken by serving a notice of appeal on all other parties involved in the action, or on their attorney (if they are represented by counsel) and filing the notice of appeal in the court where your case originated (CPLR 5515[1]), along with the request for Appellate Term action (RATA) form (civil appeals only), a copy of the order or judgment appealed from, and a copy of the opinion or decision, if any.

After an appeal is placed on the general calendar by filing a notice of appeal and request for Appellate Term action (RATA) form, it must be perfected. Perfecting an appeal means doing all the acts necessary to place the case on the court’s appeal calendar (NYCRR 730.2[b][1]).

The appellant perfects the appeal by filing the original plus four (4) hard copies of their brief with the Appellate Term, proof of service of the brief upon each adversary to the appeal and an original plus four (4) hard copies of the reproduced record, if required, within six (6) months of filing the notice of appeal and request for Appellate Term action (RATA) form (22 NYCRR 731.7[b]).

For appeals in which a reproduced printed record is required by section 731.9 (a)(2) of these rules, the reproduced printed record must be served and filed in accordance with that section, prior to or in conjunction with the service and filing of the appellant’s brief. An additional copy of the brief and reproduced printed record on appeal shall be filed digitally in accordance with instructions provided on the court’s website at www.nycourts.gov/courts/AD2/AppellateTerm.shtml (22NYCRR 731.7 [d][2]). Follow instructions provided in Records, Briefs & Motions Drop Off.

Note: These periods are subject to extension based on the method of service (see, e.g., CPLR 2103[b][2], [6]; 22 NYCRR 730.2[d] - if service is by mail, five (5) days shall be added to the prescribed period; if service is by overnight delivery, one (1) day shall be added to the prescribed period). Moreover, if the last day of such a period is a Saturday, Sunday, or a public holiday, service and filing may be made before the close of business on the next business day (General Construction Law § 25-a[1]; 22 NYCRR 730.2[e]).

If your appeal is not perfected or an extension of time to do so has not been granted within six (6) months of filing the notice of appeal and request for Appellate Term action (RATA) form, the appeal will be dismissed on the next dismissal term (22 NYCRR 731.8).

A party who needs more time to perfect or to file a brief must obtain an enlargement of time to do so. Except where the court has directed that an appeal be perfected or that a brief be served and filed by a date certain, an enlargement of time to perfect or file a brief may be obtained by stipulation or application. Submit an application by letter, addressed to the clerk, with a copy to the other parties to the appeal. Note that within this application a party shall establish a reasonable ground why there cannot or could not be in compliance with the time limits given. A maximum of two (2) applications are permitted per brief.

Enlargements of time on appeals whose dates were directed by the court may request the same by submitting a motion.

If the time to perfect the appeal was a condition for a stay, an order to show cause requesting an extension of time and continuation of a stay must be filed.

See Motions and Orders to Show Cause for additional information (22 NYCRR 731.7 [g][h][i]).

Q24: I received a dismissal order in the mail indicating that my appeal has been dismissed. What can I do?

A party who has been notified that their appeal has been dismissed and wishes to pursue the appeal can serve and file a motion to vacate the dismissal of the appeal. See Motions and Orders to Show Cause for additional information (22NYCRR 731.8 [e]).

Note: These motions are granted at the court’s discretion. A party seeking to vacate a dismissal on default must: 1) demonstrate a reasonable excuse for its default; and 2) a meritorious appeal or defense (see CPLR 5015 [a][1]).

Q25: What is the schedule for serving and filing a respondent’s brief or an appellant’s reply brief and how many copies must be served and filed?

If a respondent chooses to file a brief, they must file the original plus four (4) hard copies with the Appellate Term, accompanied with proof of service of the respondent’s brief upon the appellant not more than 21 days after service of the appellant’s brief.

If the appellant chooses to file a reply brief, they must file the original plus four (4) hard copies with the Appellate Term, accompanied with proof of service of the reply brief upon the respondent not more than seven (7) days after service of the respondent’s brief (22 NYCRR 731.7[d][1]).

Note: These periods are subject to extension based on the method of service (see, e.g., CPLR 2103[b][2], [6]; 22 NYCRR 730.3[2][d] - if service is by mail, five (5) days shall be added to the prescribed period; if service is by overnight delivery, one (1) day shall be added to the prescribed period). Moreover, if the last day of such a period is a Saturday, Sunday, or a public holiday, service and filing may be made before the close of business on the next business day (General Construction Law § 25-a[1]; 22 NYCRR 730.2[e]).

For appeals in which a reproduced printed record is required by section 731.9 (a)(2) of these rules, an additional copy of the respondent’s brief and the reply brief shall be filed digitally in accordance with instructions provided on the court’s website at www.nycourts.gov/courts/AD2/AppellateTerm.shtml (22 NYCRR 731.7 [d][2]). Follow instructions provided in Records, Briefs & Motions Drop Off.

Q27: I am unhappy with the decision of the Appellate Term which determined the appeal. What can I do?

In a civil appeal a motion for reargument or for leave to appeal to the Appellate Division can be made to the Appellate Term (22NYCRR 731.12).

Motions to reargue an appeal or to resettle an order or to amend a decision shall be made within 30 days after the decision on the appeal, except that for good cause shown, the court may consider any such motion when made at a later date.

A motion for leave to appeal to the Appellate Division from an adverse determination of the Appellate Term shall be made in the manner and within the time prescribed by CPLR 5513(b) and 5516. See Motions and Orders to Show Cause for additional information.

Note: Under the Appellate Division rules, a motion for leave to appeal must first be denied by the Appellate Term before a party can seek leave to appeal to the Appellate Division.

Criminal Appeals

A notice of appeal must be served and filed in the court where your case originated within 30 days after the date of sentence.

Applications for orders granting leave to appeal under CPL 450.15 and 460.15 shall be filed with the clerk of this court along with proof of service upon the prosecutor who appeared for the People in the criminal court. Applications must be made within 30 days after service upon the applicant of a copy of the order.

Note: These periods are subject to extension based on the method of service (see, e.g., CPLR 2103[b][2], [6]; 22 NYCRR 730.2[d]—if service is by mail, five (5) days shall be added to the prescribed period; if service is by overnight delivery, one (1) day shall be added to the prescribed period). Moreover, if the last day of such a period is a Saturday, Sunday, or a public holiday, service and filing may be made before the close of business on the next business day (General Construction Law § 25-a[1]; 22 NYCRR 730.2[e]).

If minutes or a tape recording of the proceedings were taken, the appellant must purchase the minutes and serve a copy on the prosecutor. The trial court must then settle the minutes. Consult the clerk of the court where your case originated for further instructions.

Q30: If no official stenographic minutes were taken in the court where your case originated, what must be done?

An affidavit of errors must be served and filed. Consult the Appellate Term clerk’s office for further instructions.

If a notice of appeal is filed to start the appeal, the appellant then has 60 days from when they receive the transcripts to file an affidavit of errors in the court the case originated (CPL 460.10[3][a]).

A notice of motion for an extension of time to take an appeal must be made with due diligence within one year and 30 days after the date of sentence (CPL 460.30). See Motions and Orders to Show Cause for additional information.

If your appeal originated in the 2nd, 11th & 13th Judicial Districts (counties of Kings, Queens and Richmond) you can make an application in the Supreme Court of the county which has jurisdiction over your case.

If your appeal originated in the 9th & 10th Judicial Districts (counties of Dutchess, Westchester, Orange, Putnam, Rockland, Suffolk and Nassau) you can make an application for a stay in the Supreme Court in the county which has jurisdiction over your case or in the Appellate Term. It is customary practice that the application be made in Supreme Court.

After the notice of appeal is filed, a party may contact the Appellate Term to request the forms to apply for poor person relief to purchase the minutes (if applicable) and/or to be assigned an attorney. You may also complete and file the court’s form, Motion for Poor Person Relief and Assignment of Counsel in Criminal Matter - Form 12. Once the forms are properly filled out and served, they may be filed with the court by mail, in-person or digitally in accordance with instructions provided on the court’s website at www.nycourts.gov/courts/AD2/AppellateTerm.shtml (22NYCRR 731.7 [d][2]). Follow instructions provided in Records, Briefs & Motions Drop Off.

Appellants who are in jail can apply by letter and usually receive immediate poor person relief.

A criminal appeal is placed on the general calendar by filing a duplicate notice of appeal or an affidavit of errors and the court’s return with the Appellate Term as provided in CPL 460.10(1)(e), 460.10(2) and 460.10(3)(d).

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 appeal calendar (NYCRR 730.2[b][1]).

The appellant perfects the appeal by filing the original plus four (4) hard copies of the brief with the Appellate Term, accompanied with proof of service of the brief and one (1) copy of a transcript of the minutes of all proceedings upon the respondent within six (6) months of filing the notice of appeal (22NYCRR § 731.7[c]).

Note: These periods are subject to extension based on the method of service (see, e. g., CPLR 2103[b][2], [6]; 22 NYCRR 730.3[2][d]–if service is by mail, five (5) days shall be added to the prescribed period; if service is by overnight delivery, one (1) day shall be added to the prescribed period). Moreover, if the last day of such a period is a Saturday, Sunday or a public holiday, service and filing may be made before the close of business on the next business day (General Construction Law § 25-a[1]; 22 NYCRR 730.2[e]).

If your appeal is not perfected or an extension of time to do so has not been granted within six (6) months of taking the appeal, the case will be dismissed on the next dismissal term (22 NYCRR 731.8).

Q36: What is the schedule for serving and filing a respondent’s brief or an appellant’s reply brief and how many copies must be served and filed?

If a respondent chooses to file a brief, they must file the original plus four (4) hard copies of the brief with the Appellate Term, accompanied with proof of service of the respondent’s brief upon the appellant not more than 21 days after service of the appellant’s brief.

If the appellant chooses to file a reply brief, they must file the original plus four (4) hard copies of the brief with the Appellate Term, accompanied with proof of service of the reply brief upon the respondent not more than seven (7) days after service of the respondent’s brief (22 NYCRR 731.7[d][1]).

Note: These periods are subject to extension based on the method of service (see, e.g., CPLR 2103[b][2], [6]; 22 NYCRR 730.3 [2][d]—if service is by mail, five (5) days shall be added to the prescribed period; if service is by overnight delivery, one (1) day shall be added to the prescribed period). Moreover, if the last day of such a period is a Saturday, Sunday, or a public holiday, service and filing may be made before the close of business on the next business day (General Construction Law § 25-a[1]; 22 NYCRR 730.2[e]).

This notice advises the appellant that their appeal will be on the Dismissal Calendar for failure to prosecute (22 NYCRR 731.8[d]).

To prevent your appeal from being dismissed, you must either:

1. perfect the appeal before its due date,
2. obtain a written stipulation with the prosecutor to enlarge time to perfect the appeal,
3. make a motion to enlarge time to perfect the appeal or for poor person relief before its due date, or
4. submit an application by letter, addressed to the clerk, indicating that a copy was sent to the prosecutor. Note that within this application a party shall establish a reasonable ground why there cannot or could not be compliance with the time limits given before the dismissal date.

Q38: I received a dismissal order in the mail indicating that my appeal has been dismissed. What can I do?

A party who has been notified that his or her appeal has been dismissed can serve and file a motion to vacate the dismissal of the appeal. See Motions and Orders to Show Cause for additional information (22 NYCRR 731.8[e]).

Note: These motions are granted at the court’s discretion. A party seeking to vacate a dismissal on default must: 1) demonstrate a reasonable excuse for its default; and 2) a meritorious appeal or defense (see CPLR 5015 [a][1]).

Q39: I am not satisfied with the decision of the Appellate Term which determined the appeal. What can I do?

In a criminal appeal, the appellant can make a motion to reargue to this court within 30 days after the decision on the appeal, except that for good cause shown, the court may consider any such motion when made at a later date (22 NYCRR 731.12[a]).

A motion for leave to appeal is made directly to the New York State Court of Appeals in Albany. They are located at 20 Eagle Street, Albany, New York 12207-1095. Their telephone number is 518-455-7700. See Motions and Orders to Show Cause for additional information.

Calendaring and Oral Argument

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 on the court’s website. Notification by any of the aforesaid methods shall be deemed sufficient notice. As a courtesy, a written notice is provided to litigants by mail or email no less than five (5) days before the scheduled argument; however, the court assumes no responsibility for the accuracy, timeliness, or receipt of such notice.

If you wish to receive any court correspondence by email, you may make such request by submitting the court’s Email Notification Form - Form 24.

Oral argument will not be rescheduled because a litigant failed to obtain actual prior notice of the appearance of an appeal on the day of calendar.

On appeals to the Appellate Term for the 2nd, 11th and 13th Judicial Districts (Kings, Queens and Richmond counties), the court usually convenes in the courtroom of its courthouse at 141 Livingston Street, 15th Floor, Brooklyn, New York at 9:30 AM. Appeals are also heard occasionally in Queens and Richmond Counties.

Appeals to the Appellate Term for the 9th & 10th Judicial Districts (Nassau, Suffolk, Westchester, Rockland, Orange Dutchess and Putnam counties) are heard at 9:30 AM in White Plains, Mineola or Central Islip on a rotating basis. On occasion, oral argument is heard in Dutchess, Orange or Rockland counties.

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 appeal is to be argued and, if so, the time actually required for argument and the name of the attorney/party who will argue (22 NYCRR 731.10 [a]). No more than 15 minutes will be allowed for argument on each side, except by express permission of the court (22 NYCRR 731.11[a]). If a notation is not made stating that you wish to argue the appeal, it will be marked as “submitted” and oral argument will not be permitted (22 NYCRR 731.11 [b]).

Note: You will not be permitted to argue unless you have submitted a brief.

A party who originally elected to argue may choose to submit the case without argument. Written notice should be given to the court and all other parties involved in the appeal as soon as possible.

By custom, if a party who has asked for argument does not answer at the call of the calendar, the appeal will be marked submitted by that party (22 NYCRR 731.11[c]).

Q44: 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?

The court may, in its discretion, deny argument of any appeal (22 NYCRR 731.11[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.

Q45: My case has been given a date for oral argument and placed on the day calendar published in the New York Law Journal. How can I get an adjournment?

Adjournment requests are disfavored because the panel of justices scheduled for a particular day will rarely recombine in the ensuing months. The justices prepare well in advance of the calendar date.

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 or party’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 Chief Clerk, with a copy to each other party to the appeal, stating:

1. why the attorney or pro se party cannot appear at 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 email to at2clerk@nycourts.gov or brought to the clerk’s office in person. All requests for adjournment are subject to court approval.

Decisions

The court posts decisions on appeals and most motions regularly on the court’s website and they are sent to all parties by email or mail. The court’s decisions on appeals are also published in the New York Law Journal as are most motion decisions. Litigants should check that source periodically. Alternatively, they may call the clerk’s office at 347-401-9580 or email the court at at2clerk@nycourts.gov to ask whether a decision has been issued on an appeal or motion.

Copies of the court’s decisions on appeals and most motions are published in the New York Law Journal and are on-line at the website of the New York State Law Reporting Bureau located at http://www.courts.state.ny.us/reporter/.

Currently, copies of decisions are also mailed or emailed to all the parties. If you wish to receive any court correspondence by email, you may make such request by submitting the court’s Email Notification Form - Form 24.

Contact the clerk of the court where your case originated for information (22 NYCRR 731.14[b]).

Motions and Orders to Show Cause

If a party needs to seek interim relief from the Appellate Term during the course of an appeal, he or she must make a motion which may be brought on by a notice of motion or order to show cause.

Generally, the answer is no. The fact that a notice of appeal has been filed does not automatically stay compliance with the order or judgment appealed from. The exceptions to this rule may be found in CPLR 5519[a], and generally involve situations where the appellant is a municipality or where the judgment appealed from directs the payment of a sum of money and that judgment has been bonded (in Landlord & Tenant cases, a stay without court order is accomplished when an undertaking, a sum fixed by the lower court, is paid by the appellant as per CPLR 5519 [a][6]). Also, the Appellate Term or the court from which the appeal is taken may grant a discretionary stay (CPLR 5519[c]).

If the appellant obtains a stay pending appeal to the Appellate Term, and then is wholly or partially unsuccessful on that appeal, the stay remains in effect for five (5) days after service upon the appellant of a copy of the Appellate Term order with notice of entry. If the appellant makes a motion for leave to appeal within that period of five (5) days, the stay remains in effect (1) if the motion is granted, until five (5) days after the appeal is determined, or (2) if the motion is denied, until five (5) days after the movant is served with the order denying leave to appeal with notice of its entry (CPLR 5519[e]).

An order to show cause may be presented for signature at the Appellate Term courthouse located at 141 Livingston Street, 15th Floor in Brooklyn, Monday through Friday, between the hours of 9 a.m. and 5 p.m., excepting public holidays. Additionally, in all counties located in the Second Department (except Kings County), a proposed order to show cause may be presented to an Appellate Term Coordinator in the Supreme Court located in the county in which the order or judgment appealed from arose. The coordinators, Supreme Court clerks trained in the court’s procedures by Appellate Term staff, undertake a preliminary review of the submission, and then transmit it via digital sender to the Appellate Term clerk’s office. The clerk’s office in turn reviews the submission and presents the application for review by a reserve justice, and returns the justice’s decision to the coordinator for dissemination to the moving party. This has led to significant convenience to court users, as well as speedier and more consistent processing and disposition of applications. Applications pursuant to CPLR 5704(b) are processed in much the same way. The procedures are more fully described elsewhere on this site.

A list of locations of Appellate Term Coordinators are on the court’s website under Forms and Practice Aids.

Note: The original order to show cause will remain with the court. The party submitting the order to show cause is required to have three (3) copies of the entire order to show cause available to conform and serve.

A motion brought on notice may be made returnable only at 10:00 a.m. on any Thursday, except a public holiday, 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 Term, 141 Livingston Street, 15th Floor, Brooklyn, New York 11201 (22 NYCRR 731.4[a]).

Only the original motion papers are required (22 NYCRR 731.4[b]). If filed through the court’s portal, an original is not required.

All motions are submitted (22 NYCRR 731.4[a]).

No. Appearance is not permitted (22 NYCRR 731.4[a]).

Q57: I need more time to submit opposition or reply papers to an order to show cause or motion. Can I adjourn the return date?

The return date of an order to show cause can be adjourned to allow for opposition or reply papers. The party seeking the adjournment must submit a letter wherein the new date requested is indicated. The party must also indicate that the stay is continued against them or their client. A copy of the letter must be sent to the other parties in the action. The letter can be brought to the clerk’s office or emailed to at2clerk@nycourts.gov.

Adjournments of motions can be obtained by submitting:

1. a stipulation signed by all parties (subject to the approval of the court) or
2. a written application with a copy to the other parties to the appeal. Note that within this application a party shall establish a reasonable ground why there cannot or could not be compliance with the time limits given.

The stipulation or application can be brought to the clerk’s office or emailed to the court at at2clerk@nycourts.gov.

Additional time to serve and file opposition or reply papers to a motion can be obtained by submitting:

1. a stipulation signed by all parties (subject to the approval of the court), or
2. a written application with a copy to the other parties to the appeal. Note that within this application a party shall establish a reasonable ground why there cannot or could not be compliance with the time limits given.

The stipulation or application can be brought to the clerk’s office or emailed to the court at at2clerk@nycourts.gov.