Supreme Court of the State of New York Appellate Division Second Judicial DepartmentSupreme Court of the State of New York Appellate Division Second Judicial Department
Calendars Decisions

Appellate Division adopts new rule addressing Protective Order Applications, and Second Department Amends Mandatory Mediation rule

By joint administrative order dated November 25, 2019, the Practice Rules of the Appellate Division were amended to add a subdivision to section 1250.11 (22 NYCRR 1250.11). The newly-added subdivision, (i), addresses the manner in which expedited appellate review of a protective order issued pursuant to Criminal Procedure Law § 245.70 may be requested. Criminal Procedure Law § 245.70, part of a sweeping criminal justice reform legislation package set to take effect on January 1, 2020, provides a vehicle through which the parties to a criminal proceeding may seek relief from the discovery provisions of the criminal justice reform legislation, and also provides for appellate review of an adverse ruling.

By administrative order of the same date, the Second Department amended its Practice Rules in relation to Mandatory Mediation conferences. The amendment, to section 670.3(d) of the Rules of Practice of the Appellate Division, Second Department, makes explicit the Court’s intention that counsel who appear at mandatory mediation conferences have “knowledge of the matter on appeal” and be “prepared to engage in meaningful settlement discussions” (22 NYCRR 670.3[d][2][ii]). The amendment also specifies that the failure to comply with 670.3(d)(2)(ii) as amended may result in the imposition of sanctions (22 NYCRR 670.3[d][2][v]).