Since Locke Lord’s April 14 QuickStudy outlining changes to procedures and operations in New York’s state and federal courts in light of COVID-19, courts in the state have continued to implement changes to evolve in light of the pandemic. Most notably, in the First and Second Judicial Departments of the Appellate Division, though the indefinite suspension on filing deadlines for briefs, records, and motions remains in effect until further notice, these Courts have announced that they are expanding their operations as “virtual courts.”
In the First Department, the Court announced that it will resume calendaring appeals and motions for argument or submission and scheduling pre-argument conferences. The Court has set forth two special terms, which will commence on May 4, 2020 through May 29, 2020, and June 1, 2020 through June 26, 2020. Appeals will be calendared for each Wednesday and Thursday during that period, and all matters will be decided on submission or orally argued via Skype. The Calendars will be published on the Calendars page on the First Department’s website.
In addition, the Court has continued its suspension on paper filings. The Court has instructed that all filings in e-filed matters should be filed via NYSCEF, and that filings made in connection with appeals that are not subject to mandatory e-filing should be emailed to the Court. For civil appeals, litigants are instructed to email: AD1copyfirstname.lastname@example.org and Ademail@example.com.
The Second Department has also began publishing calendars for April 27, 2020 through May 8, 2020. Similarly to the First Department, all appeals on those calendars will be decided on submission or orally argued by Skype. The Court is also accepting requests for Skype arguments on matters that have already been calendared. The Request must be made before the argument date by emailing the Court at firstname.lastname@example.org.
As noted above, in both Judicial Departments, the Courts have continued the indefinite extension on deadlines for perfection, filing, and other deadlines. However, in the First Department, litigants are permitted to consensually perfect appeals and file motions. Neither Court has indicated when this suspension on deadlines might be lifted.
For more information on the changes to procedures and operations in New York’s state and federal courts during COVID-19, please refer to Locke Lord’s April 14 QuickStudy. Locke Lord will continue to publish QuickStudies outlining additional changes to New York courts’ procedures and operations. In the meantime, parties and their attorneys should continue to review the courts’ websites and individual judges’ rules:
Visit our COVID-19 Resource Center often for up-to-date information to help you stay informed of the legal issues related to COVID-19.
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