Quite obviously, the work of the Appellate Division, First Department, as well as other appellate courts, involves the disposition of appeals from trial courts. Attorneys who practice before our court are familiar with the requirements of perfecting and calendaring an appeal and generally are knowledgeable about the availability of argument time for various types of appeals, and I have described our appellate procedures in previous essays, “How We Operate: An Inside Look at the Appellate Division, First Department (NYLJ, May 13, 2009) and “How We Operate At the First Department” (NYLJ, Oct. 26, 2012).
But the work of the First Department includes many types of matters other than the disposition of appeals. The procedures we employ for deciding these other matters are far less understood by members of the legal community than are the procedures for deciding appeals. The purpose of this essay is to explain how we go about deciding these other categories of our work, which I refer to as “under the radar,” because they often are unknown to members of the bar.
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