Calendars Decisions

Electronic Filing

E-Filing in the Appellate Division, Second Judicial Department

The Appellate Division for the Second Judicial Department is pleased to announce the commencement of e-filing in the Court, through the New York State Courts Electronic Filing (NYSCEF) system. 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

As of March 1, 2018, the Court requires appeals in all matters originating and electronically filed in Supreme and Surrogate’s Courts in Westchester County to be e-filed. Where the notice of appeal in such matters predates March 1, 2018, litigants who prefer to perfect outside of the e-filing system may do so, provided their appeal is perfected before May 15, 2018. Where an appeal is subject to mandatory e-filing and the notice of appeal predates March 1, 2018, compliance with the time limitation contained in 22 NYCRR 1245.3(a) shall be measured from March 15, 2018. Those matters which have were perfected prior to March 1, 2018, are exempt from the mandatory e-filing requirement.

As of July 2, 2018, the Second Department expanded mandatory appellate e-filing to include all matters originating and electronically filed in Supreme and Surrogate’s Courts in Suffolk County. E-filing is required in the following such appeals:

  1. Where the notice of appeal is dated on or after July 2, 2018, and
  2. Where the notice of appeal is dated prior to July 2, 2018, and the appeal is perfected on or after August 15, 2018.

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

E-filing is neither mandated nor permitted in all matters originating and electronically filed in Supreme and Surrogate’s Courts in Suffolk County which are perfected prior to July 2, 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!