E-filing Expansion in the Appellate Division, Second Judicial Department
The Appellate Division for the Second Judicial Department began e-filing, through the New York State Courts Electronic Filing (NYSCEF) system, in 2018. We started in Westchester County in March, expanded to Suffolk County in July, and further expanded to Orange, Dutchess, Putnam and Rockland Counties in December. In July of 2019 mandatory e-filing was again expanded, this time to Queens County, and voluntary, consensual e-filing was adopted in Richmond County. Currently, the Court requires that all appeals in all matters originating and electronically filed in the Supreme and Surrogate’s Courts of Westchester, Suffolk, Orange, Dutchess, Putnam, Rockland, Queens, Nassau and Richmond Counties be e-filed.
Given the great success of e-filing in the Second Department thus far, the Court will further expand mandatory appellate e-filing to the last county within its jurisdiction in which appellate e-filing is not currently required: Kings County. As of April 1, 2021, the Court will require appeals in all matters originating and electronically filed in Supreme and Surrogate’s Courts in Kings County to be e-filed. This expansion of mandatory e-filing to Kings County will be effective in the following appeals:
Where the notice of appeal is dated on or after April 1, 2021, and
Where the notice of appeal is dated prior to April 1, 2021, and the appeal is perfected on or after May 17, 2021.
In matters which fall within the second category, compliance with the time limitation contained in 22 NYCRR 1245.3(a) shall be measured from April 1, 2021.
E-filing is neither mandated nor permitted in any matters originating and electronically filed in Supreme and Surrogate’s Courts in Kings County which are perfected prior to April 1, 2021.
In summary, upon the effective date of this expansion, e-filing will be mandatory in all matters originating and electronically filed in the Supreme and Surrogate’s Courts in all ten counties within the Second Judicial Department.
The rules of the Appellate Division on electronic filing may be found at 22 NYCRR Part 1245. In addition, please click here for further information regarding technical requirements and guidelines for e-filing in the Second Department.
For those practitioners and unrepresented litigants who need some guidance regarding the use of the NYSCEF system as it relates to the Appellate Division, the NYSCEF Resource Center offers online training as well as assistance via email, at email@example.com , or by telephone at (646) 386-3033. Any questions which relate to this Court’s rules and procedures can be directed to AD2-ClerksOffice@nycourts.gov or (718) 722-6324. For fillable forms please click here.
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