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Appellate Division First Judicial Department

What is the geographical jurisdiction of the First Judicial Department?

When and where must the Notice of Appeal be filed?

How do I take an appeal to the First Department?

When must the Record on Appeal be filed?

How long after the Notice of Appeal is filed and served must an appeal be perfected?

What must the Appellant's Brief contain?

What must the Respondent's Brief contain?

What must the Appellant's Reply Brief contain?

What are the page limits for Briefs?

How does the First Department Calendar a case for argument and or decision?





Q: What is the geographical jurisdiction of the First Judicial Department?

The First Department hears appeals from all courts located in Manhattan (New York County) and Bronx County.  The Court is located at 27 Madison Avenue.


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Q: When and where must the Notice of Appeal be filed?

The Notice of Appeal must be filed with the court of original jurisdiction and served upon the Adversary within 30 days after service of a copy of judgment or order appealed from with notice of entry.


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Q: How do I take an appeal to the First Department?

An appeal is taken by filing a Notice of Appeal and a pre-argument statement within 30 days of receipt of a decision, order, or judgment by and with the court of original jurisdiction.  The Appellant may also serve Notice of Entry of a decision and order or a judgment then file the Notice of Appeal and pre-argument statement,


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Q: When must the Record on Appeal be filed?

The Record on Appeal must be filed within 30 days from the date on the Notice of Appeal or, if a Transcript of Testimony is involved, within 30 days after settlement of the transcript.


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Q: How long after the Notice of Appeal is filed and served must an appeal be perfected?

Perfecting an appeal is the process of taking all steps up to and including and filing an appellant's brief.  The First Department mandates that an appellant's brief be filed within nine months of the date of the filing of the notice of appeal and pre-argument statement.  The faster an appeal is perfected the sooner it is calendered for oral argument and decision by the court.


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Q: What must the Appellant's Brief contain?

The Court mandates that an Appellant's brief contain a Table of Contents, Table of Authorities, Questions Presented, Nature of the Case, Argument, Conclusion and Statement Pursuant to CPLR 5531 or Pre-Argument Statement.


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Q: What must the Respondent's Brief contain?

A respondent's brief must contain Table of Contents, Table of Authorities, Counterstatement of the Questions Involved, or of the nature and facts of the case, if the respondent disagrees with the statement of the appellant and the Argument for the respondent.


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Q: What must the Appellant's Reply Brief contain?

A reply brief is Appellant's last word to the court before oral argument is scheduled.  A reply brief must contain a Table of Contents, Table of Authorities, Reply for the Appellant, without repitition of the arguments contained in the main brief.


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Q: What are the page limits for Briefs?

An appellant or respondent's brief is limited to 70 pages, 35 pages for a reply brief, including responsive brief to a respondent-cross-appellant's brief. A party seeking to file an oversized brief must obtain permission in advance. Permission is obtained by writing a letter to the Clerk of the Court and subnitting a copy of the proposed brief.



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Q: How does the First Department Calendar a case for argument and or decision?

Unlike the Second Department, the First Department calendars cases pursuant to term deadlines published by the court each year.  Cases are calendared pursuant to term deadlines only and the Court does not sit during the months of July and August.


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Amed Marzano & Sediva PLLC Appellate Attorneys assist clients in New York and Connecticut with all their appellate needs including Matrimonial/Family law Appeals, Estates and Trust Law Appeals, Commercial Law Appeals, Real Estate Law Appeals, International Appeals, and Litigation. We serve all of New York City and the surrounding area, including but not limited to Manhattan, Brooklyn, Queens County, Kings County, Bronx, Yonkers, Staten Island, Westchester County, New York County, Hudson County, Suffolk County, Nassau County, Upper New York, and all of NY and CT.



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