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| FAQ's
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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)
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| 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.
Q2 ] Where is the courthouse?
A ] The
courthouse is located at 45 Monroe Place in the Brooklyn
Heights Historic District of downtown Brooklyn.
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.
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.
|
| 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).
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).
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]).
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]).
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.
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.
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]).
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]).
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]).
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.
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]).
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.
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]).
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:
- the certificate of an attorney pursuant to
CPLR 2105,
- a certificate of the clerk of the court of
original instance, or
- 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.
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).
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]).
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]).
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.
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]).
|
| 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.
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]).
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]).
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]).
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.
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.
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:
- why the attorney cannot appear for
oral argument,
- why no other attorney can appear
in his or her place and,
- why oral argument, rather than submission,
is necessary.
Adjournment requests may be sent by facsimile
to (718) 858-2446.
|
| 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.
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.
|
| 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).
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).
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.
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.
Q5 ] How many copies of motion papers are required?
A ] Only
the original.
Q6 ] Are motions submitted or argued?
A ] All
motions are submitted.
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]).
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 (718) 722-6300, with
a copy to each other party to the appeal or proceeding.
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 (718) 722-6300, with
a copy to each other party to the appeal or proceeding.
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].
|
| 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.
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.
|
| 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.
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.
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.
Q4 ] Must a New York lawyer maintain an office in this State
in order to practice?
A ] Yes.
See Judiciary Law § 470.
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]).
Q6 ] How long must attorneys retain their financial files?
A ] Code
of Professional Responsibility DR 9-102(D) requires that
financial records must be kept for at least seven years (22
NYCRR 1200.46[d]).
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.
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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