On October 16, 2019, the Appellate Division, Second Judicial Department repealed its rules relating to its Appellate Terms (22 NYCRR Parts 730, 731 and 732) and adopted new rules. Those Rules, now laid out in Parts 730 and 731 of the Rules of the Second Department (22 NYCRR Parts 730 and 731), are effective on January 1, 2020, and shall apply to appeals in which a notice of appeal to one of the Appellate Terms is filed on or after that date.
Counsel practicing in the Second Department are advised to familiarize themselves with the new Rules for the Appellate Terms, as in may respects they represent a change in the way in which those Court’s practice.
Below are some of the highlights of the new rules.
Merging 22 NYCRR Parts 731 and 732
Nearly all of the rules pertaining specifically to the Appellate Term for the 2nd, 11th & 13th Judicial Districts, currently set forth in 22 NYCRR Part 731, and the rules pertaining specifically to the Appellate Term for the 9th & 10th Judicial Districts, currently set forth in 22 NYCRR Part 732, are identical. For the benefit of our litigants and with an eye toward simplification, those rules have been combined into a new 22 NYCRR Part 731, within which is also addressed the few differences between the rules for the two courts.
The centerpiece of the new rules is the requirement in some appeals that the parties file a printed record. Currently the Appellate Terms for Second Judicial Department are the only appellate courts in New York State (including the Appellate Term, First Department) that do not require a printed record on any appeal. Under the new rules, a printed record would be required where all parties to a civil appeal are represented by counsel, and where such requirement is permitted by the appropriate court act. Recognizing that in some cases it would be inappropriate to require the time and expense of a printed record, the rules provide an easy process for those who seek to be exempted from the requirement upon a showing of good cause.
More Time to Perfect
Under the new rules, appellants will have six months from the filing of the notice of appeal within which to perfect. In contrast, under the current rules the appellant has 90 days from the Appellate Term’s receipt of the original record to perfect its appeal. The current system often creates uncertainty and confusion among the parties to the appeal, who may not have a clear indication of when the appeal must be perfected. With the notice of appeal, the appellant must file a copy of the order or judgment being appealed from, along with a completed Request for Appellate Term Action form.