Monthly Archives: October 2023

Appellate Division 1st Department Update

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Updated October 4, 2023

Oral Arguments – Appeals

Oral arguments will be held in-person at the courthouse located at 27 Madison Avenue. As usual, oral arguments will take place on Tuesdays, Wednesdays, and Thursdays at 2:00 p.m., and if necessary, on Fridays at 10:00 a.m.

As is customary, oral arguments will be livestreamed on the Court’s website and YouTube channel.

Our historic and landmark courtroom is opened to the bar and public.

COVID-19 Protocols

The Unified Court System COVID-19 Safety and Operational Protocols related to courthouse entry were discontinued on June 2, 2023.

However, we ask all court users to continue to follow COVID-19 isolation and quarantine guidelines in accordance with the Center for Disease Control and Prevention (CDC) and other public health authorities.

We ask you NOT to enter the courthouse if you are COVID-19 positive.

COVID-19 positive persons having business before the Court should contact the Court by telephone at 212-340-0422.

  1. Face masks will no longer be required for any persons, regardless of vaccination status, with the following exception:
    • Return from Isolation. Any person, returning from isolation after testing positive for COVID-19, must wear a well-fitting, disposable, non­ woven mask in all areas of the courthouse and other court facilities for five (5) calendar days after the end of his/her isolation; and
    • Exposure to a Person with COVID-19. Any individual, after coming in contact with someone with COVID-19, must wear a well-fitting, disposable, non-woven mask at all times in all areas of the courthouse or other court facilities for the next 10 days.
  2. Voluntary masking. All persons may wear a mask in the courthouse or court facilities if they so choose.

Electronic Filing

Matters Subject to Mandatory E-filing

All matters before the First Department, except original proceedings and attorney matters, are subject to mandatory e-filing via NYSCEF in accordance with the procedural and electronic filing rules of the Court. For additional information on the e-filing requirements, please click here.

Original Proceedings and Attorney Matters

All filings, including petitions, motions, and applications, made in connection with original proceedings and attorney matters shall be submitted electronically via the Digital Submission portal in NYSCEF. For additional information on the Digital Submission portal, please click here.

Hard Copy Submissions – NEW

Briefs. Records and Appendices. Effective November 6, 2023, no hard copies of records and briefs shall be filed with the court in matters that are electronically filed.

Motions and Original Proceedings. Motions and applications, and original proceedings shall be filed in digital form only (via NYSCEF or Digital Submission Portal). No hard copy submission is required unless requested by the Court.

Attorney Matters. In addition to the digital copy, the original document (i.e., one hard copy) shall be filed with the Court.

Procedures for Interim ReliefApplications – NEW

An application for interim relief shall be e-filed and accepted for filing before it is entertained by Court. Reasonable notice shall be given to the other parties as required by Rule 1250-4(b). Once the application has been processed, if the Court wants to hear oral argument, the parties will be informed of the date and time when the application will be heard. If the parties prefer to be heard virtually instead of in­ person, a request for virtual participation shall be made in the interim relief application.

Hyperlinks

The Court accepts, on a voluntary basis, briefs with hyperlinks to cited primary authorities (constitutions, case law, statutes, rules and regulations) available on Westlaw, Lexis, or state or federal government websites. Citations to secondary and other sources should not be hyperlinked. All citations (with or without hyperlinks) shall appear in standard citation form.

Admission of Attorneys to the Bar

Applications and other documents for admission to the bar shall be transmitted electronically to the Court’s Committee on Character and Fitness via the online portal set up by the Court.

In-person admission ceremonies resumed on October 2, 2023.

Requests for Certificates of Good Standing are processed electronically via the statewide Appellate Division online portal. Paper certificates are no longer issued in­ person. Instructions for obtaining a Certificate of Good Standing and the link to the portal are posted on the webpage of the Committee on Character and Fitness.

Attorney Grievance Matters

The Attorney Grievance Committee is fully operational. Complaints, pleadings and all other submissions shall be transmitted electronically to the Committee.

Additional information is posted on the Attorney Grievance Committee webpage.

Pre-argument Conference Program

Until further notice, the Pre-argument Conference Program will continue to hold conferences remotely via Microsoft Teams and other virtual platforms.