Not long ago I published an article entitled “Fast-Tracking Commercial Appeals at the First Department” (NYLJ, April 8, 2014), triggered by some important proposed rule changes in the Commercial Division of the Supreme Court, New York County. I am now convinced that there is a greater need for the Appellate Division, First Department to fast-track family law appeals, both from the Family Court and the Supreme Court.
Almost all of us at the First Department have had firsthand experience with this issue. For example, when serving my rotation as an interim stay duty judge, in matters involving children such as custody and visitation, relocation and parental termination cases, I have been struck by how frequently applications are made for an immediate stay of the determination as soon as it is issued by the Family Court or by one of the dedicated matrimonial parts, even though issuance of a stay would normally require a review of the entire record, the way we would on a full appeal. Sometimes, the duty judge is provided with the transcribed trial minutes along with voluminous forensic expert evaluations and reports, in support of an immediate interim stay; other times, only some of the evidentiary materials are available for presentation in support of a stay.
