After commencing e-filing in Commercial Division appeals on March 1, 2018, the Appellate Division, Fourth Department will be expanding the categories of appeals designated for e-filing over the next several months.

In matters in which a notice of appeal is filed on or after July 1, 2018, e-filing will be mandatory in appeals in matters originating in, or transferred to, Surrogate's Court in the Fourth Judicial Department.

Also in matters in which a notice of appeal is filed on or after July 1, 2018, e-filing will be voluntary/consensual (see 22 NYCRR 1245.2) in appeals in matters that were e-filed in Supreme Court in the Fourth Judicial Department (except in appeals in Commercial Division matters, which continue to have mandatory e-filing). Any party in such matters may file documents with the Court electronically, and may serve documents electronically on any other party that has consented to such electronic service. A party that has not consented to participation in electronic filing shall file documents, and serve and be served with documents, in hard copy (see 22 NYCRR 1245.5 [c]). The nature of voluntary/consensual e-filing in the Appellate Division will be consistent with the uniform trial court rules regarding voluntary/consensual e-filing (see 22 NYCRR 202.5-b [b]).

That voluntary/consensual e-filing will become mandatory after October 1, 2018. Thus, in matters in which a notice of appeal is filed on or after October 1, 2018, e-filing will be mandatory in all appeals in matters that were e-filed in Supreme Court in the Fourth Judicial Department.

Finally, in matters in which a notice of appeal is filed on or after January 1, 2019, e-filing will be voluntary/consensual in all civil matters filed in Supreme Court in the Fourth Judicial Department. It is expected that e-filing will continue to expand in the ensuing months in 2019.

For up to the minute e-file related news, forms and guidance in the Fourth Department, visit https://ad4.nycourts.gov/efile.

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