Civil Appeals in New York: Third Department Toolkit
Resources to assist attorneys litigating a civil appeal to the Appellate Division of the New York State Supreme Court, Third Judicial Department, including guidance on taking the appeal, preparing the briefs, record, and appendix, presenting oral argument to the court, and making motions.
Losing parties in the New York State Supreme Court generally can appeal to the Appellate Division of the Supreme Court from final judgments and orders. New York courts also permit a wide variety of interlocutory appeals ( www.practicallaw.com/9-501-9325) . The Appellate Division, Third Judicial Department sits in Albany, New York, and hears appeals from the supreme court in 28 surrounding counties.
The appellate process focuses on the submission of written briefs with arguments for reversing, vacating, modifying, or affirming the supreme court's judgment or order. The appellate division also may permit the parties to present short oral argument to the panel of four or five justices deciding the appeal.
Although the Civil Practice Law and Rules (CPLR) applies in the appellate division, the local rules of each of the four departments often establish additional or different requirements that supersede those of the CPLR.
This Toolkit contains resources explaining the appellate process in the Third Department, including taking (that is, starting) the appeal, submitting the factual record from the supreme court to the appellate division, briefing the appeal, arguing the appeal and, if necessary, making motions.