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Thomas R. Newman and Steven J. Ahmuty Jr.

On June 29, 2018 the Presiding Justices of the Appellate Division promulgated statewide Practice Rules of the Appellate Division (22 NYCRR Part 1250). These rules became effective on Sept. 17, 2018, and apply to (1) “all matters that are commenced in the Appellate Division, or in which a notice of appeal to the Appellate Division is filed, on or before the effective date,” and (2) all matters pending in the Appellate Division on the effective date, unless otherwise ordered by the court upon a showing that application of the new rules to a particular matter “would result in substantial prejudice to a party or would be manifestly unjust or impracticable under the circumstances.” See Joint Order of the Departments of the New York State Supreme Court, Appellate Division, dated June 29, 2018.

This month, we examine several major provisions of the new uniform rules, including electronic filing requirements, filing deadlines for appellate submissions, and motion practice. These rules have not achieved complete “uniformity,” however, since each Department has promulgated individual rules that supplement Part 1250. See 22 NYCRR Part 600 [First Department], Part 670 [Second Department], Part 850 [Third Department], and Part 1000 [Fourth Department]). Where a conflict exists between Part 1250 and the local rules, the latter control. See 22 NYCRR §§600.1[a], 670.1[a], 850.1[a], 1000.1[a].

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