Appeals in the Appellate Division, First Department

The Appellate Division, First Department is the intermediate appellate court that hears appeals arising from the trial courts located in Manhattan (New York County) and the Bronx (Bronx County). If you received an unfavorable decision from a trial court in either of these counties, the First Department is most often the court where you would ask a panel of appellate justices to review that decision for legal error.

The Appellate Division of the Supreme Court of the State of New York is divided into four Departments, each covering a different region of the state. The First Department is the smallest in geographic size but one of the busiest, because it covers two of the most populous and litigation-heavy counties in New York. Understanding how this court works — and the strict rules that govern it — is essential to protecting your right to appeal.

What Courts Does the First Department Hear Appeals From?

The First Department generally hears appeals from final and certain non-final orders and judgments entered in the trial courts within New York County and Bronx County, including:

• The Supreme Court (the trial-level court of general jurisdiction in New York), which handles civil matters such as personal injury, commercial disputes, real property, and contested matrimonial cases, as well as felony criminal cases;
• The Surrogate's Court, which handles estates, wills, probate, administration, and related trust and guardianship matters;
• The Family Court, which handles custody, visitation, child support, paternity, and related family matters;
• Certain determinations of the Civil Court and Criminal Court of the City of New York within these counties.

In addition, the Appellate Term of the First Department serves as an intermediate appellate court for many appeals from the New York City Civil Court and Criminal Court, with further review available to the Appellate Division in appropriate cases. Determining the correct court and the correct path for your appeal is a threshold question, and getting it wrong can forfeit your rights. Our overview of the appeals process in New York explains how these courts fit together.

Geographic Jurisdiction: Manhattan and the Bronx

The First Department's territorial jurisdiction covers two counties:

• New York County — the borough of Manhattan;
• Bronx County — the borough of the Bronx.

By contrast, appeals from the trial courts in Brooklyn, Queens, and Staten Island, along with the surrounding suburban and downstate counties, are heard by the Appellate Division, Second Department. The Third and Fourth Departments cover the rest of New York State. Because the appellate Department is determined by where the trial court sits, an appeal from a Manhattan or Bronx case belongs in the First Department.

The Courthouse and How the Court Sits

The First Department's courthouse is located at 27 Madison Avenue in Manhattan. The court does not retry cases or hear new evidence. Instead, appeals are decided by panels of justices who review the written record from the trial court, the briefs submitted by the parties, and, where permitted, oral argument. The justices sit in panels and issue written decisions resolving the legal questions presented.

The Rules That Govern First Department Appeals

Appellate practice is governed by detailed procedural rules, and the First Department enforces them strictly. Two sets of rules are especially important:

• The statewide Practice Rules of the Appellate Division (22 NYCRR Part 1250), which apply uniformly across all four Departments and govern matters such as how appeals are perfected, brief content and formatting, the record or appendix, time limits, and filing requirements;
• The First Department's own rules of practice (22 NYCRR Part 600), which supplement the statewide rules with provisions specific to this Department.

These rules address technical but consequential matters — word and page limits, the format of the record and appendix, cover colors, and the contents of each brief. A brief that does not comply can be rejected, and a missed deadline can result in dismissal. This is why precise, experienced appellate drafting matters so much in a civil appeal in NYC.

How an Appeal Is Taken and Perfected

An appeal as of right generally begins with the timely filing and service of a notice of appeal. The deadline is short:

• The notice of appeal must usually be filed within 30 days after service of a copy of the order or judgment with written notice of its entry. (The period can differ in some situations, for example when the appealing party served the notice of entry.) Missing this deadline ordinarily ends the right to appeal, so it should be calendared immediately.

Filing the notice of appeal preserves your right to appeal, but it does not move the case forward by itself. The appellant must then perfect the appeal — that is, assemble and file the record on appeal (or an appendix) together with the appellant's brief, within the time allowed by the rules. The respondent then files an answering brief, and the appellant may file a reply. Once the appeal is perfected, it is placed on the court's calendar for a particular term.

Most filings in the First Department are made electronically through the New York State Courts Electronic Filing system (NYSCEF), and parties must comply with the court's e-filing requirements in addition to the formatting rules. Coordinating the record, the briefs, and the filing logistics is a substantial undertaking, and it is one of the principal services an appellate attorney provides.

Calendaring, Oral Argument, and Decision

After an appeal is perfected and calendared, the court may hear oral argument, during which the justices can question counsel about the issues. Some appeals are submitted without argument. After the panel considers the briefs, the record, and any argument, it issues a written decision — affirming, reversing, modifying, or remanding the matter to the trial court.

Further Review by the Court of Appeals

A decision of the First Department is not always the end of the road. In certain circumstances, a party may seek further review by the New York Court of Appeals, the state's highest court. Review there is often discretionary and is available only in limited categories of cases, so whether and how to seek it requires careful analysis.

Speak With a First Department Appeals Lawyer

Appeals are won and lost on procedure as much as on substance. If you are considering an appeal from a Manhattan or Bronx trial court — or you have been served with a notice of appeal and need to respond — act quickly, because the deadlines are unforgiving. To discuss your case with the Law Offices of Albert Goodwin, PLLC, located in Midtown Manhattan, call 212-233-1233, email email@appealappeal.com, or visit our contact page. We will review your decision, evaluate your appellate options, and help you protect your rights in the Appellate Division, First Department.