This court hears & decides appeals from the Criminal and Civil Courts of the City of New York for New York & Bronx Counties, including appeals from the Housing Part & the Small Claims Part. The Clerk’s Office is located in Room 401 at 60 Centre Street (hours: 9:00 A.M. to 5:00 P.M., Monday through Friday).
The filing deadline dates for each term of the court are generally as follows:
- The appellant’s records on appeal, briefs and notice of argument are to be filed approximately eight weeks before the term begins. A term usually begins on the first Monday of the month, January through June and September through December. There is no court term in July or August.
- The respondent’s briefs are to be filed approximately five weeks before the term begins.
- For exact dates, consult the Clerk’s Office at (646-386-3040).
Motions to the Appellate Term are made on submission and can be noticed for any business day at 10:00 A.M. Moving and opposing papers are to be filed with the Clerk’s Office on or before 10:00 A.M. on the return date. Regular motion practice is applicable. To adjourn a motion, submit a stipulation to the Clerk’s Office prior to the return date. If you require an immediate stay or other relief, you must submit the application, by notice of motion format, to the Clerk’s Office. The return date on the notice of motion page must be left blank. You must attach to the supporting affidavit or affirmation a copy of the notice of appeal, and the order or judgment being appealed. Advise the Court Clerk that a temporary restraining order or other immediate relief is requested. Applications pursuant to CPLR 5704 (b) are obtained by submitting a proposed order, along with a supporting affidavit and/or affirmation and copies of the underlying Civil Court papers sought to be reviewed.
Appeals in the Appellate Term, First Department, are heard on (i) a record on appeal, either the original record or five copies of a reproduced record or appendix; (ii) five copies of a brief; and (iii) a notice of argument. The only appeals heard on the original record are from Criminal Court, Small Claims Court, and civil matters where written permission has been given by a Civil Court Judge or Appellate Term Justice. Appeals heard on Reproduced Records should contain all papers in the file from summons and complaint or petition and notice of petition in landlord and tenant actions up to and including the Notice of Appeal.
Sample copies of reproduced records on appeal, briefs and notice of argument may be obtained at the Clerk’s Office.