Practice Rules of the Appellate Division — 22 NYCRR Part 1250
Updated October 27, 2026
Statewide court type
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Collected from an official published rule text/index; no assertion that every provision is currently operative in every case. Preserve source version, amendments, waivers, specialized-section limits and applicable later orders.
Official source ↗ · Collected 2026-10-27
Motion practice
Filing and Service; Weekends and Holidays. Filing Electronic filing. For the purpose of meeting deadlines imposed by court rule, order, or statute, all records on appeal, briefs, appendices, motions, affirmations and other submissions filed electronically will be deemed filed as of the time copies of the submissions are transmitted to the NYSCEF site. The filing of additional hard copies of such electronic filings pursuant to court rules shall not affect the timeliness of the filing.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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provide 15 days' notice to the District Attorney; be filed with proof of service; and be submitted without oral argument. The moving papers for a certificate granting leave to appeal shall be addressed to the court for assignment to a justice, shall state that no prior application for such certificate has been made, and shall set forth:
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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§ 1250. 15 Calendar Preference; Calendar Notice; Oral Argument; Post-Argument Submissions Calendar Preference. By letter. A party seeking and entitled by law to a preference in the hearing of an appeal shall provide prompt notice by letter to the court setting forth the basis for such preference.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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§ 600.4 Motions Electronically Filed Motions. One hard copy of electronically filed motion papers shall be filed with the clerk in accordance with section 1245.6(a) of the Electronic Filing Rules of the Appellate Division ([22 NYCRR] Part 1245).
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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§ 600.12 [Reserved] § 600.13 [Reserved] § 600.14 [Reserved] § 600.15 Calendar Preferences; Calendar Notice; Oral Argument; Post-Argument Submissions Calendar Notice All appeals or causes shall be noticed for a term of the court as enumerated or non-enumerated.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Source page web_or_saved_captureFiling and working copies
Confidentiality and Sealing. Records, briefs and other submissions filed in matters deemed confidential by law shall not be available to the public except as provided by statute or rule.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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§ 1250. 8 Form and Content of Briefs Cover. The cover shall set forth the title of the action or proceeding. The upper right-hand section shall contain a notation stating: whether the cause is to be argued or submitted; if it is to be argued, the time actually required for the argument; and the name of the attorney who will argue. The lower right-hand section shall contain the name, address, telephone number and email address of the attorney filing the brief and shall indicate whom the attorney represents.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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§ 1250.3 Initial Filings; Active Management of Causes; Settlement or Mediation Program Initial Filings. Unless the court shall direct otherwise, in all civil matters counsel for the appellant or the petitioner shall file with the clerk of the court of original instance and serve on all parties, together with the notice of appeal or transfer order and the order or judgment appealed from, an initial informational statement on a form approved by the court and in such number as the court may direct. The clerk of the court from which the appeal is taken shall promptly transmit to the Appellate Division the informational statement and a copy of the notice of appeal or order granting leave or transferal and the order or judgment appealed from.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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When Addressed to the Court. Where leave of the court is required for an appeal to be taken to it, the application for such leave shall be made in the manner and within the time prescribed by CPLR 5513 and 5516 The submissions upon which an application for leave to appeal is made shall include a copy of the order or judgment and decision, if any, of the court below, a concise statement of the grounds of alleged error and a copy of the order of the lower court denying leave to appeal, if any.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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§ 1250.7 Form and Content of Records and Appendices; Exhibits Format. Records and appendices shall be consecutively paginated and shall include accurate reproductions of the submissions made to the court of original instance, formatted in accordance with the practice in that court. Reproductions may be slightly reduced in size to fit the page and to accommodate the page headings required by CPLR 5529 (c), provided, however, that such reduction does not significantly impair readability.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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a copy of the order sought to be reviewed; a copy of the decision of the court below or a statement that there was none; and a copy of all submissions filed with the trial court. Answering submissions or a statement that there is no opposition to the application shall be served and filed not later than one business day before the return date stated in the application.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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How Placed on the Calendar; filing time Appellant's Filing. An appeal or cause shall be placed on the calendar, by the appellant or moving party filing with the clerk, at least 57 days before the first day of the term for which the matter shall have been noticed, the record on appeal or appendix and brief, in the manner and number required by (22 NYCRR) § 1250.9(a), and a note of issue, with proof of service, stating the term for which noticed, the date of the notice of appeal, the date the judgment or order was entered, the name of the justice who made the decision, the nature of the appeal or cause, and the index or indictment number and the Appellate Division number.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Briefs. There shall be included at the beginning of the main brief submitted by an appellant in any criminal cause a statement setting forth the order or judgment appealed from; the sentence imposed, if any; whether an application for a stay of execution of judgment pending determination of the appeal was made and, if so, the date of such application; whether an order issued pursuant to CPL 460.50 is outstanding, the date of such order, the name of the judge who issued it and whether the defendant is free on bail or on his or her own recognizance; and whether there were codefendants in the trial court, the disposition with respect to such codefendants, and the status of any appeals taken by such codefendants.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Appeal from an Order Concerning a Grand Jury Report. The mode, time and manner for perfecting an appeal from an order accepting a report of a grand jury pursuant to CPL 190.85 (1) (a), or from an order sealing a report of a grand jury pursuant to CPL 190.85 (5), shall be in accordance with the provisions of this Part governing appeals in criminal cases.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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The word “appellant” shall refer to the party required to file the initial brief to the court in a cause or matter, including an appellant, a petitioner, an appellant-respondent and similar parties. The term “NYSCEF” shall mean the New York State Courts Electronic Filing System and the “NYSCEF site” shall mean the New York State Courts Electronic Filing System website located at www.nycourts.gov/efile.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Source page web_or_saved_captureFiling and working copies
The phrase “filed electronically,” when used to describe submissions to a court, shall refer to documents that have been filed by electronic means through the NYSCEF site. The phrase “electronic means” shall mean any method of transmission of information between computers or other machines, other than facsimile machines.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Source page web_or_saved_captureFiling and working copies
Service by Electronic Mail Upon Consent. Unless otherwise directed by the court, parties in matters not subject to e-filing may agree, in writing, to service of submissions by electronic mail. A copy of any such agreement shall be filed with the court with the affidavit of service.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Source page web_or_saved_captureFiling and working copies
Signing of documents. The original of every hard copy document submitted for filing in the office of the clerk of the court shall be signed in ink in accordance with the provisions of section 130-1.1-a (a) of this Title. Copies of the signed original shall be served upon all parties to the matter and shall be filed in the office of the clerk whenever multiple copies of a submission are required to be served and filed in accordance with the provisions of this Part. Documents filed electronically shall be signed in accordance with the provisions of the Appellate Division Rules for Electronic Filing.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Source page web_or_saved_captureFiling and working copies
Electronic Filing Rules. The rules of this Part shall be read in conjunction with the Electronic Filing Rules of the Appellate Division (22 NYCRR Part 1245). Where there is a conflict between this Part and Part 1245 in an appellate e-filed matter, Part 1245 shall control.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Notice of Change of Circumstances. The parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue therein has been rendered moot. The parties or their attorneys shall likewise immediately notify the court if the cause should not be calendared because of the death of a party, bankruptcy or other appropriate event. Any such notification shall be followed by an application for appropriate relief. Any party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Active Management. The court may direct that any matter be actively managed and may set forth a scheduling order specifying the time and manner of expedited briefing. Settlement or Mediation Program. The court may issue a notice in any settlement or mediation program directing the attorneys for the parties, the parties themselves (unless the court excuses a party's personal presence), and such additional parties in interest as the court may direct to attend a conference before such person as it may designate to consider settlement, the limitation of issues and any other matter that such person determines may aid in the disposition of the appeal or resolution of the action or proceeding. Attorneys and representatives who appear must be fully familiar with the action or proceeding, and must be authorized to make binding stipulations or commitments on behalf of the party represented.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Counsel to any party may apply to the court by letter at any time requesting such a conference. The application shall include a brief statement indicating why a conference would be appropriate. Upon the failure of any party, representative or counsel to appear for or participate in a settlement or mediation conference, or to comply with the terms of a stipulation or order entered following such a conference, the party or counsel may be subject to sanctions.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Motions shall be deemed submitted on the return date, and no further documents shall be accepted for filing without leave of the court upon written application. Oral argument. Oral argument of motions is not permitted. One adjournment, for a period of 7 or14 days, shall be permitted upon written consent of the parties to the appeal, filed no later than 10:00 a.m. on the return date.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Motions or Applications Which Include Requests for Interim Relief. An application or order to show cause presented for signature that includes a request for a temporary stay or other interim relief pending determination of a motion, or an application pursuant to CPLR 5704, shall be presented in person unless the court excuses such appearance, and shall state, among other things:
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Notice. The party seeking relief as provided in this subdivision shall give reasonable notice to his or her adversary of the day and time when, and the location where, the application or order to show cause will be presented and the relief (including interim relief) being requested. The application or order to show cause shall be accompanied by an affidavit or affirmation stating the time, place and manner of such notification; by whom such notification was given; if applicable, reasons for the non-appearance of any party; and, to the extent known, the position taken by the opposing party.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Response. Unless otherwise ordered by the court, all submissions in opposition to any motion or proceeding initiated by an application or order to show cause shall be filed with the clerk at or before 10:00 a.m. on the return date, and shall be served by a method calculated to place the movant and other parties to the motion in receipt thereof on or before that time. The originals of all such submissions shall be filed with the court. On the return date the motion or proceeding will be deemed submitted to the court without oral argument.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Source page web_or_saved_captureFiling and working copies
Reply. Reply submissions shall be permitted only by leave of the court. Permission to Appeal to the Appellate Division in a Civil Matter. When Addressed to a Justice. An application to a justice of the court for permission to appeal pursuant to CPLR 5701 (c) shall be made within the time prescribed by CPLR 5513.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Counsel shall attach to the certification a copy of the order from which the appeal is taken, together with the decision, if any, and a copy of the notice of appeal with proof of service and filing. Criminal Matters. In a criminal appeal not otherwise addressed in section 1250.11(a) of this Part, an affidavit in support of a motion for permission to proceed on appeal as a poor person shall, in addition to meeting the requirements of section 1250.4(d)(1), set forth the following: the date and county of conviction; whether the defendant is at liberty or in custody; the name and address of trial counsel; whether trial counsel was appointed or retained and, if retained, the source of the funds for such retention and an explanation as to why similar funds are not available to retain appellate counsel; whether the defendant posted bail during the trial proceedings; and, if bail was posted and the defendant is currently in custody, an explanation as to why the funds used to post such bail are not available to retain appellate counsel.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Designation of Parties. The parties to all appeals shall be designated in the record and briefs by adding the word "Appellant," "Respondent," etc., as the case may be, following the party's name, e.g., "Plaintiff-Respondent," "Defendant-Appellant," "Petitioner-Appellant," "Respondent-Respondent," etc. Parties who have not appealed and against whom the appeal has not been taken shall be listed separately and designated as they were in the trial court, e.g., "Plaintiff," "Defendant," "Petitioner," "Respondent." In appeals from the Surrogate's Court or from judgments on trust accountings, the caption shall contain the title used in the trial court including the name of the decedent or grantor, followed by a listing of all parties to the appeal, properly designated. In causes originating in the Appellate Division, the parties shall be designated "Petitioner" and "Respondent" or "Plaintiff" and "Defendant." Docket Number. The cover of all records, briefs and appendices shall display the appellate division docket number assigned to the cause, or such other identifying number as the court shall direct, in the upper right-hand portion opposite the title.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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A cover which shall contain the title of the cause on the upper portion, and, on the lower portion, the names, addresses, telephone numbers and email addresses of the attorneys, the county clerk's index or file number, the docket or other identifying number or numbers used in the court from which the appeal is taken, and the superior court information or indictment number;
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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A stipulation or order dispensing with reproducing exhibits, as provided in subdivision (c). The appropriate certification, stipulation, or settlement order pursuant to subdivision (g). Exhibits. The parties may stipulate to dispense with reproduction of exhibits in the full reproduced record on grounds that the exhibits are not relevant or necessary to the determination of an appeal, and will not be cited in the parties' submissions; or the exhibits, though relevant and necessary, are of a bulky or dangerous nature, and will be kept in readiness and delivered to the court on telephone notice.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Settlement of Transcript or Statement. Regardless of the method used to prosecute any civil cause, if the record includes a transcript of the stenographic minutes of the proceedings or a statement in lieu of such transcript, such transcript or statement shall first be either stipulated as correct by the parties or their attorneys or settled pursuant to CPLR 5525.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Respondent's Filing. The respondent on an appeal shall file with the clerk within 30 days of the date of service of the appellant's submissions or, in the First Judicial Department, in accordance with the court's published terms calendar:
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Appellant's Reply. The appellant shall file with the clerk an original, five hard copies and one digital copy of the appellant's reply brief, with proof of service of one hard copy of the brief upon each party to the matter, within 10 days of the date of service of the respondent's submissions or, in the First Judicial Department, in accordance with the court's published terms calendar.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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The appealing parties shall consult and make best efforts to stipulate to a briefing schedule. In the First Judicial Department, if the parties fail to stipulate to an alternative briefing schedule, the cause shall be perfected in accordance with the court's published terms calendar, and shall not be governed by the time parameters set forth in subsections (iv) through (vi).
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Exhibits. If required by the court in a criminal appeal, in lieu of submitting original physical exhibits (e.g., weapons or contraband) to the court, the appellant may file a stipulation of the parties identifying the particular exhibits, identifying the party in custody and control of each exhibit and providing that each exhibit shall be made available to the court upon the request of the clerk.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Source page web_or_saved_captureCourtroom conduct and technology
Briefs in criminal appeals shall otherwise conform to the requirements of section 1250.8 of this Part. Assigned counsel shall file proof of mailing of a copy of briefs filed on behalf of a defendant to the defendant at his or her last known address.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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The appellant's brief in such an appeal shall include an appendix containing a copy of the notice of appeal, the indictment, the order appealed from and any underlying decision. The respondent's brief may also include an appendix, if necessary. The appellant shall file, separate from the appendix, one copy of the grand jury minutes under seal.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Oral Argument by Permission. Where oral argument is proscribed by rule, a party may seek leave of the court therefor by filing of a letter application, on notice to all parties, or by motion where required by the court, within 7 days of the filing of the respondent's brief. The application or motion shall specify the reasons why oral argument is appropriate and the amount of time requested.
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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Leave to File Amicus Curiae Brief. A motion to serve and file an amicus curiae brief shall include six copies of the proposed brief. § 600.5 [Reserved] § 600.6 [Reserved] § 600.7 [Reserved] § 600.8 [Reserved] § 600.9 Time, Number and Manner of Filing of Records, Appendices and Briefs Filing and Service of Digital Copies of Record, Appendices and Briefs Digital copies of the records, appendices and briefs filed pursuant to (22 NYCRR) § 1250.9(a), (c) and (d) shall comply with the technical specifications for electronically filed documents set forth in Attachment A to Electronic Rules of the Appellate Division ([22 NYCRR] Part 1245) and shall be filed and served by e-mail. Emails to the court shall be directed as follows:
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
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