Calendars Decisions

Electronic Filing

            E-filing Further Expansion in the Appellate Division, Second Judicial Department

    The Appellate Division for the Second Judicial Department began e-filing, through the New York State Courts Electronic Filing (NYSCEF) system, in 2018. We started in Westchester County in March, expanded to Suffolk County in July, and further expanded to Orange, Dutchess, Putnam and Rockland Counties in December. Currently, the Court requires that all appeals in all matters originating and electronically filed in the Supreme and Surrogate’s Courts of those counties be e-filed. 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.

    Given the great success of e-filing in the Second Department thus far, the Court will further expand mandatory appellate e-filing.  As of July 1, 2019, the Court will require appeals in all matters originating and electronically filed in Supreme and Surrogate’s Courts in Queens County to be e-filed. In addition, the Court will permit voluntary, consensual e-filing in all matters originating and electronically filed in the Supreme and Surrogate’s Courts in Richmond County.  This expansion of mandatory e-filing to Queens County and the adoption of consensual e-filing as outlined above in Richmond County will be effective in the following appeals: 

            Where the notice of appeal is dated on or after July 1, 2019, and

            Where the notice of appeal is dated prior to July 1, 2019, and the appeal is perfected on or after August 15, 2019.

    In matters which fall within the second category, compliance with the time limitation contained in 22 NYCRR 1245.3(a) shall be measured from July 1, 2019.   In order to establish entitlement to voluntary, consensual e-filing, counsel must file with the Court, in hard copy, a stipulation signed by all counsel of record in which they memorialize their consent and voluntary participation before initializing on the appellate platform in NYSCEF. The form stipulation can be accessed here

     E-filing is neither mandated nor permitted in any matters originating and electronically filed in Supreme and Surrogate’s Courts in Queens or Richmond Counties which are perfected prior to July 1, 2019.  In summary, upon the effective date of this expansion, e-filing will be mandatory in all matters originating and electronically filed in the Supreme and Surrogate’s Courts in Queens, Suffolk, Westchester, Orange, Dutchess, Putnam and Rockland Counties, and permitted, upon the consent of all counsel, in Richmond County.  E-filing is not permitted in any matters originating in Kings and Nassau Counties, and is not mandated in any matter arising in Richmond County. 

    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.