The Third Department is expanding NYSCEF to appeals in Workers' Compensation and Unemployment Insurance matters. As of January 1, 2022, all appeals filed in Workers' Compensation matters and Unemployment Insurance matters where the notice of appeal is filed on or after January 1, 2022 are subject to mandatory e-filing in NYSCEF. Additionally, as of January 1, 2022, parties may elect to opt in to e-filing for any Workers' Compensation matter or Unemployment Insurance matter that is not perfected, regardless of when the notice of appeal was filed, by executing and filing the statement of e-filing form.
Matters in which the appellant is exempt from e-filing pursuant to 22 NYCRR 1245.4 (a) are not subject to mandatory e-filing.
Importantly, in all e-filed appeals in Workers' Compensation matters and Unemployment Insurance matters, where the appeal is perfected on the original board file that is uploaded to NYSCEF, appendices are not required, and all brief cites to the record should be to the original board file.