📅 2026 Update: Key Changes in the Appellate Division

Since the article was published, there have been notable updates in the Appellate Division of New York State. Key changes include new rules for extending the time to perfect an appeal and updated filing fees. These updates affect how individuals approach the appeals process and what costs may be involved.

Readers interested in detailed procedures and requirements can continue reading the original article below.

⏳ Extension of Time to Perfect an Appeal

As of October 2026, appellants can now seek up to two extensions of time to perfect an appeal. The first extension allows for an additional 60 days, and the second can add another 30 days. Requests for these extensions must be made by letter and must notify all parties involved.

This change gives appellants more flexibility in managing their appeals.

💰 Current Fees and Costs

The filing fees have been updated, with the Notice of Appeal costing $65 and the Record on Appeal costing $315. Filing a motion or cross-motion concerning an appeal costs $45. All fees are payable by check or money order made out to "Appellate Division, First Department." Understanding these costs is crucial for anyone considering an appeal.

📂 Perfecting an Appeal

To perfect an appeal, the appellant must file several documents, including the original record or appendix, five copies of the record, and five copies of the brief. The filing fee of $315 must also be included. This process is essential for ensuring that the appeal moves forward in the Appellate Division.

🗓️ Appeal Duration and Processing Times

The appeal process can take time. After the records and briefs are accepted, an appeal is scheduled for the next available term of court. The Court holds eight terms annually, and decisions are typically released two weeks after each term's conclusion.

Being aware of this timeline helps appellants plan their next steps.

📌 Summary of Key Points

  • ⏳ Appellants can now request two extensions for perfecting an appeal.
  • 💰 Filing fees now include $65 for the Notice of Appeal and $315 for the Record on Appeal.
  • 📂 Perfecting an appeal requires multiple documents and proof of service.
  • 🗓️ Appeals are placed on the calendar for the next available term of court.

💡 Tips for Navigating Your Appeal Process

It is important to discuss the specifics of your situation with an attorney.

📄 Understand Filing Deadlines

Filing a Notice of Appeal must be done within 30 days of receiving a copy of the Order or Judgment with Notice of Entry. If served by mail, you have 35 days. Missing these deadlines could affect your case.

📝 Know the Perfecting Process

You have six months to perfect your appeal from the date of filing the Notice of Appeal. Familiarizing yourself with the perfecting process can help you avoid last-minute issues.

📑 Use the Right Forms

Make sure to use the required forms, such as the Notice of Appeal, which includes important case details. Submitting the correct forms is vital for the smooth progression of your appeal.

📧 Consider E-Filing

E-filing is required in all civil matters in the First Department, except for attorney matters. This process can streamline your filing and ensure that your documents are submitted efficiently.

🔍 Explore Free Legal Resources

If you need assistance, consider reaching out to local legal services or legal aid in your area. These resources can provide support and guidance throughout the appeals process 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 receiving the Order or Judgment with Notice of Entry, or 35 days if served by mail.

📜 What documents are needed to perfect an appeal?

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

📅 How long does the appeal process take?

The appeal can take time, as decisions are generally released two weeks after the Court concludes its term. The Court holds eight terms annually.

🔄 Can I appeal a decision made by an arbitrator?

No, generally only orders or judgments made by a judge can be appealed. Decisions from arbitrators, referees, or mediators typically cannot be appealed.

✉️ How do I request an extension for perfecting my appeal?

You can request two extensions to perfect your appeal. The first is up to 60 days and the second up to an additional 30 days. Requests should be made by letter on notice to all parties.

🏢 Where can I find legal assistance for my appeal?

You can contact local legal services, legal aid, or lawyer referral services in your area to get assistance with your appeals process.

⚖️ Recent Cases Related to Appeals

Recent court rulings highlight important outcomes in the appellate process, reflecting changes in how appeals are handled. These cases demonstrate the significance of understanding the appeal process and the implications of filing correctly.

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

End of October 2026 Update





What is the Appellate Division Second Department of New York State?

The Appellate Division Second Department of New York State is one of the four departments existing within the New York State Appellate Division; within the Appellate Division Second Department 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 Brooklyn, Long Island, Staten Island – in addition, surrounding jurisdictional counties include Rockland, Putnam, Orange, Queens, Dutchess, and Westchester.

In order for a case for an appeal to be brought before an appellate court, the Appellate Division Second Department 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:

Appellate Division Second Department of New York State Application Procedure

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. Prior to the receipt of an approval, an individual will be required to present a petition for an appeal; subsequent to an approved application, an individual will be allowed to present an oral argument in a pretrial conference.

Appellate Division Second Department of New York State Legality


Two primary classifications of Appellate procedure exist within the realm of the Appellate Division Second Department of New York State, which are classified as Civil or Criminal; in order to file an appeal, the following documentation may be accessed from the Appellate Division Second Department:

Form CPLR 5513a – Notice of Entry for Appeals within 30 days of initial judgment

Form CPLR 5513b – Notice of Entry for Appeals after 30 days of initial judgment

Form CPLR 5515 – Petition for an Appeal

Form CPLR 5516 – Motion for the Relief of an Appeal

Associated Fees

A Notice of Appeal has a fee of $65

A Recorded Filing at an Appellate venue has a fee of $265

A Motion of Appeal has a fee of $45

Attorney certifications for the participation within the Appellate Division Second Department have a fee of $35

The provision of a notice advocating admissibility to the Appellate Division Second Department with regard to an attorney has a fee of $5

The receipt of a Appellate Division Second Department Court Seal has a fee of $1; notices of authentication have a fee of $5

Photocopies made by the Appellate Division Second Department have a fee of $1 for the first page, and $.50 for each additional page

Appellate Division Second Department of New York State Profile

The Appellate Division Second Department 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 Appellate Division Second Department of New York State range upwards of 3,000.

Address

45 Monroe Place

Brooklyn, New York

11201

Presiding Justice over the Appellate Division Second Department of New York State

Honorable A. Gail Prudenti

Court Clerk of the Appellate Division Second Department of New York State

Mathew G. Kiernan

County Jurisdiction of the Appellate Division Second Department

Kings, Queens, Nassau, Suffolk, Dutchess, Westchester, Orange, Putnam, and Richmond

A Guide to the Appellate Division Second Department of New York State