📅 2026 Update: Key Changes in New York's 1st Appellate Division

Since the original article was published, important updates have occurred in the 1st Appellate Division of New York State. These changes affect how individuals can appeal court decisions, including deadlines and fees. The earlier article continues further down the page.

⏳ Extension of Time to Perfect an Appeal

As of October 2026, appellants can request two extensions of time to perfect an appeal. The first extension allows for an additional 60 days. A second extension can add another 30 days.

Requests must be made by letter and sent to all parties involved.

💵 Current Fees and Costs

Filing fees in civil matters have specific costs. The Notice of Appeal costs $65. To file the Record on Appeal, the fee is $315.

Any motion or cross-motion concerning an appeal incurs a fee of $45. All fees are payable to the Clerk of the Appellate Division.

📝 Steps for Perfecting an Appeal

To perfect an appeal, the appellant must file specific documents. This includes the original record or appendix, five copies of it, an original and five copies of a brief, and proof of service. The filing fee of $315 must also be paid.

⏲️ Appeal Processing Times

The duration of the appeal process can be lengthy. After the Court accepts records and briefs, the appeal is placed on the calendar for the next available term. The Court holds eight terms each year, and decision-orders are typically released about two weeks after each term ends.

📌 Summary of Key Changes

  • ⏳ Appellants can now request two extensions for perfecting an appeal.
  • 💵 Current fees include $65 for the Notice of Appeal and $315 for the Record on Appeal.
  • 📝 Perfecting an appeal involves filing various documents and paying fees.
  • ⏲️ Appeals may take time, with decisions released two weeks after each Court term.

💡 Tips for Navigating Appeals in New York

Review the specifics of your situation with your attorney to ensure you understand your options.

📄 Understand Filing Deadlines

Make sure to file your Notice of Appeal within 30 days of receiving the Order or Judgment. If served by mail, you have 35 days. Missing this deadline could prevent your appeal from being heard.

📑 Prepare Required Documents

To perfect an appeal, ensure you prepare and file the correct documents. This includes the Record on Appeal, Appellant's Brief, and proof of service. Double-check the number of copies required.

💻 E-Filing Requirements

E-filing is mandatory in all matters in the First Department. Familiarize yourself with the e-filing system to avoid delays in your appeal process.

⚖️ Know Who Can Appeal

Generally, only orders or judgments made by a judge can be appealed. Understand what decisions are appealable to avoid wasting time and resources.

🆓 Seek Free Legal Assistance

If you need help, consider reaching out to legal services, legal aid, or lawyer referral services in your area. These resources can provide valuable support at no cost.

❓ Frequently Asked Questions

❓ What is the deadline for filing an appeal?

The deadline for filing a Notice of Appeal is 30 days after you receive the Order or Judgment. If served by mail, you have 35 days.

🔍 What documents are needed to perfect an appeal?

To perfect an appeal, you need to file the original record or appendix, five copies, an original brief, five copies of the brief, and proof of service.

📅 How long does the appeal process take?

The appeal process can be lengthy. The Court holds eight terms each year, and decisions are usually released about two weeks after each term ends.

📜 Can decisions from arbitrators be appealed?

Generally, only orders or judgments made by a judge can be appealed. Decisions by arbitrators, referees, or mediators are not appealable.

💻 Is e-filing mandatory for all appeals?

Yes, e-filing is mandatory in all matters in the First Department, except for attorney matters.

🆓 Where can I find free legal assistance?

You can reach out to legal services, legal aid, or lawyer referral services in your area for free assistance with appeals.

⚖️ Recent Cases Impacting Appeals in New York

Recent court rulings have shaped how appeals are handled in New York. These cases highlight important aspects of the appellate process and clarify rights and responsibilities for appellants.

For the latest updates, you can check out more rulings on the news page.

End of October 2026 Update






 



What is the 1st Appellate Division of New York State?

The 1st Appellate Division of New York State is one of the four departments existing within the New York State Appellate Division; within the 1st Appellate Division of New York State appellate court exists the jurisdictional authority to retry, review, or reexamine specific cases that have received rulings from lower courts and venues located within Manhattan and the Bronx; in order for a case for an appeal to be brought before an appellate court, the 1st Appellate Division of New York State will perform judicial review with regard to the preexisting ruling – all preexisting rulings mandated by lower courts must have taken place within Manhattan or the Bronx: If you need legal advice and assistance, contact New York lawyers.



1st Appellate Division of New York State Pre-argument Conference



In order to file an Appeal, a variety of processes and requirements must be fulfilled prior to the receipt of a decision for a case to be heard before a court of Appeal. Primarily, in order to file an appeal, the individual or entity must have been the recipient of a decision in which they presume a nature of legal and administrative defect with regard to the decision – this must be conveyed within the text of a Petition for an Appeal.



Associated Fees



A Notice of Appeal has a fee of $65



A Recorded Filing at an Appellate venue has a fee of $315



A Motion of Appeal has a fee of $45



1st Appellate Division of New York State Profile



The 1st Appellate Division of New York State receives upwards of 6,000 appellate petitions on an annual basis; within that number, the median amount of Appellate cases taking place within the 1st Appellate Division of New York State range upwards of 3,000.



Address



27 Madison Avenue



New York, New York



10010



Presiding Justice over the 1st Appellate Division of New York State



Honorable Luis A Gonzalez



Court Clerk of the 1st Appellate Division of New York State



Susanna Molina Rojas



County Jurisdiction of the 1st Appellate Division



Manhattan and the Bronx



1st Appellate Division of New York State Legality



Two primary classifications of Appellate procedure exist within the realm of the 1st Appellate Division of New York State:



Pattern Jury Instructions (PJI)



Within the legal procedures and processes undertaken by the 1st Appellate Division of New York State, the Pattern Jury Instructions provide individuals with resources allowing them to further investigate the wide range of events that may be applicable to be heard within a venue of Civil appeals.



Criminal Jury Instructions (CJI)



Similarly, the 1st Appellate Division of New York State provides for supplemental classification and informational resources with regard to Criminal charges; these Pattern Jury Instructions allow for a wide range of typified offenses available for individuals filing for an Appellate petition.



 

A Guide to the 1st Appellate Division of New York State