A Practice Note explaining motion practice in appeals to the Appellate Division, Fourth Department from a civil order or judgment of New York State Supreme Court (the state's trial court of general jurisdiction). This Note addresses motions on notice, orders to show cause, dispositions of motions, and additional formal and informal requirements for certain types of motions. It also briefly addresses withdrawing an appeal.
This Note reflects the Civil Practice Law and Rules (CPLR), statewide Practice Rules of the Appellate Division of the New York State Supreme Court, the associated Fourth Department Rules, and the joint Electronic Filing Rules of the Appellate Division. For information on e-filing requirements in the Fourth Department, see Civil Appeals in New York: E-Filing Checklist.