Author Archives: Eric R. Larke

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About Eric R. Larke

Eric R. Larke is the President at Appellate Innovations, LLC in White Plains, New York.

EMAIL: elarke@appellateinnovations.com

BIO: About Eric

PHONE: 914-948-2240

Tips on E-Filing Your Appeal in the Appellate Department, First Department
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Tips on E-Filing Your Appeal in the Appellate Department, First Department | Eric Larke

{1:02 minutes to read} As of September 2010, appellant briefs must be served and filed electronically. The New York State Appellate Division, First Department (“AD1”) requires that an appellate brief is fully searchable in PDF-A format. PDF-A format locks the brief and prevents any additional changes to the contents following conversion. Here are a few additional AD1 e-filing requirements:

  • All argument points in your appellant’s brief must be bookmarked.

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6 Ways to Streamline the Evaluation Process When Filing a Record on Appeal
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6 Ways to Streamline the Evaluation Process When Filing a Record on Appeal | Eric Larke

{1:28 minutes to read} The act of filing a record on appeal in the Appellate Division, Second Department can be made smoother by following these simple tips to streamline the intake clerk’s review process:

1. Have your $315 filing fee ready when you present your appeal for review;

2. Separate the books so only the original record and original opening brief is presented for review. Stamp the book in advance with “original” for ease of reference;

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How to Perfect Your Appeal in the Appellate Term, Second Department
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How to Perfect Your Appeal in the Appellate Term, Second Department | Eric Larke

{1:44 minutes to read} Are you perplexed as to the civil appeal perfection process in the Appellate Term, Second Department? In the Appellate Term, Second Department, all appeals are heard on the original record, so the procedure is not too complicated.

  • File the Notice of Appeal with the court of the original instance (which the court clerk will transmit to the Appellate Term).
  • Upon receipt of the Notice of Appeal, the clerk will serve notice to the appellant stating that, as of the date of said notice, they are in receipt of the lower court file.

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Common Procedural Differences Between AD1 and AD2
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Common Procedural Differences Between AD1 and AD2 | Eric Larke

{2:00 minutes to read} There are many procedural differences when perfecting an appeal in the New York State Appellate Division, First Department (“AD1”), versus perfecting an appeal in the New York State Appellate Division, Second Department (“AD2”). Here are a few of the differences in practice between the two courts: AD1 permits the use of the Pre-Argument Statement which is annexed to the end of the Appellant Brief,  behind the conclusion page, whereas AD2 requires that a Statement Pursuant to the CPLR 5531 appear directly behind the brief cover as the first document in the brief.

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Choose Your Traffic Battles Wisely: Where to Park for the 1st and 2nd Department Courthouses
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Choose Your Traffic Battles Wisely: Where to Park for the 1st and 2nd Department Courthouses | Eric Larke

{1:03 minutes to read) Traveling to and from the Appellate Division, First or Second Department, may be a challenge this holiday season. If you have scheduled arguments, we recommend the use of public transportation. If traveling by vehicle (or sleigh), we suggest the use of these parking garages, located just a few blocks from both courthouses:

  • Walking distance from 1st Department: 5 East 22nd Street between 5th Avenue and Park Avenue.

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5 Important Things to Remember Before Calling Your Appellate Printer
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5 Important Things to Remember Before Calling Your Appellate Printer | Eric Larke

{1:17 minutes to read} 1. Carefully determine your appellate status. Are you the only appellant, or are there additional parties to the appeal? It’s possible you are a Co, Cross, or Concurrent Appellant. Make sure you include all notices of appeal. 2. When proceeding on the Appendix Method, do not omit documents that your adversary would rely upon.Rather, in the event you believe they will rely on these documents, you should include them.

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How Do You Avoid Reproducing the Same Document Multiple Times in Your Appellate Submission?
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How Do You Avoid Reproducing the Same Document Multiple Times in Your Appellate Submission? | Eric Larke

{1:02 minutes to read} Are you proceeding with your appeal on a fully reproduced record and are concerned that there are numerous documents that appear multiple times within the papers? What is the correct process to avoid reproducing the same document multiple times? All 4 Departments of the Appellate Division in New York provide for cross-referencing of duplicative material within the record on appeal,  such that when a document is reproduced multiple times in the record,

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Who Is Responsible for Production of the Joint Appendix in an Appeal Before the United States Court of Appeals for the Second Circuit?
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Who Is Responsible for Production of the Joint Appendix in an Appeal Before the United States Court of Appeals for the Second Circuit | Eric Larke

{1:06 minutes to read} Are you an appellant with an appeal before the United States Court of Appeals for the Second Circuit? If so, know that determining the contents of the joint appendix is the responsibility of all parties. Parties are encouraged to agree on the contents of the appendix. In the absence of such an agreement, an appellant must within 14 days after the record is filed,  serve on the appellee a designation of the parts of the record the appellant intends to

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Timeliness Matters When Serving and Filing Your Appeal
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Timeliness Matters When Serving and Filing Your Appeal | Eric Larke

{2:01 minutes to read} There are differences with respect to the process of service of papers between the Appellate Division, First Department and the Appellate Division, Second Department. One of the major differences is how each department regards timeliness when considering the service and filing of appellate papers.

  • In the First Department, the rules require that the service parties are in actual possession of the appellate documents at the time of filing. If the papers were served personally on the day of filing, the court clerk would find this sufficient timing.

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How to Expedite the Perfection of Your Appeal in the Appellate Division, Second Department
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How to Expedite the Perfection of Your Appeal in the Appellate Division, Second Department | Eric Larke

{1:24 minutes to read} If you are filing an appeal to the Appellate Division, Second Judicial Department, and you are attempting to do so in an expedited fashion — There is a likelihood that the Appellate Division has not yet received the Notice of Appeal, and therefore will not yet have a docket number assigned. Absent the issuance of a docket number, the clerk will not accept your appeal for filing.

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Should You Perfect Your Appeal Using the “Appendix Method”?
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Should You Perfect Your Appeal Using the “Appendix Method” | Eric Larke

{2:17 minutes to read} When perfecting an appeal in New York’s Appellate Division, attorneys typically have a couple of different options. They can perfect based on the full reproduced record, comprised of all the documents before the lower court specific to the order on appeal – whether they are relevant to the points made in the appellant’s brief or not. Another choice is to perfect based on what  is known as the “Appendix Method.” The appendix is a document reproduced and filed in lieu of a complete reproduced record.

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The Benefits of Electronic Briefs (E-Briefs)
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The Benefits of Electronic Briefs (E-Briefs) | Eric Larke

{1:40 minutes to read} Technology has transformed the world around us, making virtually everything interactive. In law, one of the most important consequences of the digital revolution is the electronic brief, or e-brief. Using the interactive Adobe PDF standard, e-briefs are seamless and efficient, gathering all necessary files into one document. Additionally: An electronic brief provides easy and quick access to the case law cited, while allowing dramatically increased ease-of-use with which to navigate the brief for references.

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How the Appellate Division First Department Interprets Filing Deadlines
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How the Appellate Division First Department Interprets Filing Deadlines | Eric Larke

{2:20 minutes to read} The First Department’s filing deadlines are often confusing for appellants, partly because some of the rules appear to contradict each other. This is particularly vexing given the high stakes of appellate cases. Worse yet, losing an appeal due to missing a filing deadline could harm an attorney’s reputation and trigger a malpractice claim. In the Appellate Division First Department, which is the appellate court that handles matters from New York County and Bronx County, the following two rules coexist:

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