📅 2026 Update: Changes in New York State Appellate Division Procedures

Since the article was written, there have been important updates regarding the appeal process in New York State. Key changes include the ability to request extensions for perfecting an appeal and updated fees for filing. Details about these updates are important for anyone considering an appeal.

The following sections outline the most significant changes and how they affect the appeal process in New York. Readers can find more comprehensive information further down the page.

⏳ Extension of Time to Perfect an Appeal

As of October 2026, appellants can request up to two extensions to perfect an appeal. The first extension can be for 60 days, and the second can be for an additional 30 days. To request these extensions, the appellant must submit a letter notifying all parties involved.

Additional requests require a more formal motion.

💰 Current Filing Fees

The filing fees for civil matters have been updated.

  • 📜 Notice of Appeal: $65, payable to the Clerk of the Appellate Division.
  • 📚 Record on Appeal: $315, also payable to the Clerk.
  • ✉️ Motion or Cross-Motion Concerning an Appeal: $45.

All payments are made by check or money order to the "Appellate Division, First Department."

📑 Perfecting the Appeal

To perfect an appeal, the appellant must file specific documents. This includes the original record or appendix, five copies, and an original and five copies of the brief. All exhibits and proof of service must be included along with the $315 filing fee.

🕒 Appeal Processing Times

The duration of the appeal process can be extensive. Once the records and briefs are filed, the appeal is scheduled for the next available term of Court. The Court holds eight terms annually, and decisions are generally released two weeks after each term concludes.

📅 Deadlines for Filing

Deadlines are crucial in the appeal process. The notice of appeal must be filed within 30 days from receiving the Order or Judgment with Notice of Entry. If served by mail, this extends to 35 days.

Additionally, the appeal must be perfected within six months from the date of the notice of appeal unless a Court Order specifies otherwise.

📌 Key Updates Summary

  • ⏳ Up to two extensions for perfecting an appeal.
  • 💰 Updated filing fees for various appeal-related documents.
  • 📑 Specific documents required to perfect an appeal.
  • 🕒 Lengthy processing times for appeals.
  • 📅 Strict deadlines for filing notices and perfecting appeals.

💡 Tips for Navigating the Appeal Process

It is essential to discuss your specific situation with your attorney.

📄 Understand Your Filing Deadlines

Filing deadlines are critical in the appeals process. Ensure you know the 30-day or 35-day window to file a notice of appeal. Missing this deadline can jeopardize your entire appeal.

📜 Prepare for Filing Fees

Be ready to cover the necessary filing fees when you submit your appeal. The costs for the notice, record, and motions can add up, so budgeting for these expenses is important.

📝 Gather Required Documents Early

Collect all necessary documents and copies before filing. This includes the record on appeal, briefs, and proof of service. Having everything ready can help prevent delays.

📧 Use E-Filing

Remember that e-filing is mandatory in all matters in the First Department, excluding attorney matters. Familiarize yourself with the e-filing system to avoid complications.

📞 Seek Legal Assistance

Consider reaching out to legal aid or lawyer referral services if you need help navigating the appeals process. They can provide resources and support specific to your county.

❓ Frequently Asked Questions

❓ What is the time limit for filing a notice of appeal?

The time limit for filing a notice of appeal is 30 days from when you receive the Order or Judgment with Notice of Entry. If served by mail, this period extends to 35 days.

📋 What is required to perfect an appeal?

To perfect an appeal, you need to file the original record or appendix, five copies, an original and five copies of your brief, exhibits, and proof of service. Additionally, the filing fee of $315 must be paid.

🔄 Can I appeal an arbitrator's decision?

Generally, you cannot appeal decisions made by an arbitrator, referee, or mediator. Only orders or judgments issued by a judge are eligible for appeal.

⏰ How long does the appeal process take?

The appeal process can be lengthy. Once records and briefs are filed, appeals are placed on the Court’s calendar for the next available term. Decisions are usually released two weeks after each term ends.

📧 Is e-filing necessary for all appeals?

E-filing is required in all matters in the First Department, except for those involving attorney matters. Ensure you are familiar with the e-filing process to avoid delays.

📞 Where can I find legal assistance for my appeal?

Individuals can seek help from legal aid, lawyer referral services, or other legal services available in their counties. These resources can provide valuable support during the appeal process.

⚖️ Recent Court Cases Related to Appeals

Recent court rulings have highlighted various aspects of the appeals process in New York State. These cases provide insights into how the appellate system operates and the types of decisions that can be appealed.

For more information on recent rulings, check out more rulings on the news page.

End of October 2026 Update





What is the New York State Appellate Division?

The New York State Appellate Division is the legal institution responsible for the oversight of any or all Appeal hearings taking place within the 3rd District - or Circuit – of Appellate Courts. An appellate court is a legal venue in which individuals are provided the opportunity to petition for supplementary judicial review with regard to a decision mandated by a presiding justice.

In order to retain approval for the engagement within the Appellate process, an individual applicant will be required to present overwhelming and valid evidence that there existed legislative discrepancy or legal defect with regard to a previous ruling. Individual applicants residing within the State of New York will be required to submit both their Letters of Appeal and Appellate Petitions to the New York State Appellate Division for review. Subsequent to the review performed by the New York State Appellate Division, a decision will be set forth authorizing the enactment of an appellate hearing.

New York State Appellate Division Personnel



Individual legal officers employed by the New York State Appellate Division are required to fulfill the following requirements:

New York State Appellate Division Justices

New York State Appellate Division Justices must:

Not exceed 70 years of age

Must serve at least 5 years of a term, yet may not exceed 14 years served

Amount to 7 in totality with regard to the 1st  and 2nd New York State Appellate Division; with regard to the 3rd and 4th New York State Appellate Division, the total number of justices must be 5

New York State Appellate Division Attorneys



New York State Appellate Division Attorneys must:

Receive admittance through qualified departments existing within the New York State Appellate Division in lieu of the Court of Appeals

Participate in an interview subsequent to the fulfillment of the New York State Bar Examination

Reside within the State of New York; out of state residents are only permitted entry through the 3rd New York State Appellate Division

New York State Appellate Division Jurisdictions

Within the New York State Appellate Division, 4 separate departments exist over which an apportioned jurisdiction with regard to the State of New York is granted:

New York State Appellate Division: First Department

Location: Manhattan, New York

County Jurisdiction: Bronx and Manhattan

New York State Appellate Division: Second Department

Location: Brooklyn, New York

County Jurisdiction: Queens, Kings, Richmond, Nassau, Suffolk, Dutchess, Orange, Putnam, Rockland, and Westchester

New York State Appellate Division: Third Department

Location: Albany, New York

City Jurisdiction: Binghamton, Saratoga Springs, Albany, and Schenectady

New York State Appellate Division: Fourth Department

Location: Rochester, New York

City Jurisdiction: Rochester, Buffalo, and Syracuse

A Guide to the New York State Appellate Division