CPLRG Blog | Appellate Practice

NY Appellate Division, Second Department E-Filing Expansion for Queens County

The New York Appellate Division, Second Department is expanding mandatory appellate E-Filing to Queens County. Effective July 1, 2019, the Court will require appeals in all matters originating and electronically filed in Supreme and Surrogate’s Courts in Queens County to be E-Filed. Electronically filing your appeal will be mandatory when the following applies:

    1. Notice of Appeal is dated on or after July 1, 2019.
    2. Notice of Appeal is dated prior to July 1, 2019, and the appeal is perfected on or after August 15, 2019. For matters that fall within this category, compliance with the time limitation contained in 22 NYCRR 1245.3(a) shall be measured from July 1, 2019.

In addition, the Court will permit voluntary, consensual E-Filing in all matters originating and electronically filed in the Supreme and Surrogate’s Courts in Richmond County. In order to establish entitlement to voluntary, consensual E-Filing, counsel must file with the Court, in hard copy, a stipulation signed by all counsel of record in which they memorialize their consent and voluntary participation before initializing on the appellate platform in NYSCEF.

For all matters originating and electronically filed in Supreme and Surrogate’s Courts in Queens or Richmond Counties perfected prior to July 1, 2019, E-Filing is neither mandated nor permitted. You can read more on the Court’s E-Filing update here.

If you are still unsure about how to proceed with electronically filing your appeal from a case that arises from the Supreme or Surrogate’s Courts in any of the above-mentioned counties, please contact an appellate expert at Counsel Press.