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Home > 2015 > June > 25 > NYSCEF E-filing Notice of Appeal
Published June 25, 2015 by Yuri Starikov

NYSCEF E-filing Notice of Appeal

NYSCEFFolks at the resource center have done a wonderful job providing training and resources for using the New York State Court Electronic Filing (NYSCEF) service.  They even provided CLE credit, free of charge, to live participants.  Their resources are consolidated here.  After participating in the training, I walked away with perception that when filing multiple documents, one should tilt towards compartmentalization as opposed to consolidation of .pdf document files.  For example, when filing exhibits, each exhibit should be broken out into individual file and uploaded separately.

Compartmentalization mentality did not work well with the Notice of Appeal filing.  Filing Notice of Appeal requires, at least for the Second Department, following protocol: “The notice of appeal must be filed in triplicate and annexed to two of the copies must be the RADI, a copy of the paper appealed from, and a copy of the decision leading to that paper, if any.”  Guide to Civil Practice § 4.2.  The cited guide dates back to 2008, probably on the understanding that paper filing is utilized.  Fasting forward to the modern world of e-filing, this means that you may do away with triplicate copies of the same .pdf file requirement, but still left with the basics: (1) Notice of Appeal itself, (2) Order (and decision), (3) Request for Appellate Division Intervention (RADI), and (4) affidavit/affirmation of service.

The affidavit of service still must be filed using the paper service method, even if all parties consented to e-filing.  And, document packet 1 though 4, should be uploaded as a single file document, rather than broken out to different files for separate uploading.

Clerk staff at both New York Supreme and Appellate Division, were very helpful in explaining this process, which I could not find on paper.  Many thanks and sincere appreciation to them for guidance in the procedural maze of NYSCEF.

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