Committee on Courts of Appellate Jurisdiction
Evaluate the practices and procedures of the Court of Appeals and the Appellate Divisions;
hold meetings at which appellate judges speak;
tour the Courthouses led by the Clerk of the Court and a Justice;
conduct CLE programs;
sponsor programs with other bar associations and with other NYSBA sections;
submit proposals and evaluations to NYSBA Executive Committee and House of Delegates;
propose amicus briefs for Executive Committee consideration.
The chair and members of the committee are chosen by the NYSBA President once a year on recommendation and application (unlike NYSBA sections, committee membership is not open to all).
Alan J. Pierce, Esq.
Hancock Estabrook, LLP
Jean E. Nelson, Esq.
One Elk Street
Albany, NY 12207
phone: (518) 487-5588
fax: (518) 463-8844
NEW: MOOT COURT PROGRAM LAUNCHED FOR COURT OF APPEALS CASES
Visit the Moot Court Program page.
The Committee is pleased to announce that starting in fall 2014 it is offering a Moot Court Program to counsel with cases in the New York Court of Appeals. Any attorney with a case in the Court of Appeals can apply and request that the Program “moot” his/her argument before a panel of 3-7 “judges,” made up of experienced appellate practitioners and former judges. Following the simulated argument by counsel, the judges will provide the attorney with a candid evaluation, including the strengths and weaknesses of counsel’s presentation and suggestions for improvement.
This program will be a particular benefit to solo practitioners and counsel from small firms who may not have experience in the Court of Appeals or the opportunity to moot an appeal.
For further details, and application forms to request a moot argument and to volunteer as a judge, click here.
NEW YORK’S APPELLATE TERMS: A MANUAL FOR PRACTITIONERS
The New York State Bar Association’s Committee on Courts of Appellate Jurisdiction is devoted to improving the practice of appellate law and appellate court operations in the State of New York and developed this Manual in mid-2014 as part of that mission. This Manual provides an overview of appeals in the Appellate Terms in the Appellate Division, First and Second Judicial Departments. We hope it will be a helpful resource for practitioners in the Appellate Terms. Click here to view and download this Manual.
Pro Bono Appeals Program Expanded
Visit the Pro Bono Appeals Program page.
The committee provides pro bono representation in selected appeals to the Third and Fourth Departments. Previously, the program focused on family law appeals, but now the following topics are covered: education, family stability, health, housing, personal safety, public benefits, and subsistence income. If you are interested in learning more about our program, please click here for a program brochure. For an application, please click here.
Recent and Upcoming Programs and Meetings
September 16, 2014
Afternoon meeting at Nixon Peabody, New York City
"Current Issues and Practice in the Second Circuit Court of Appeals," a half-day CLE program, was presented in New York City on October 17, 2014.
November 20, 2014
Afternoon meeting at Wachtell, Lipton, Rosen & Katz, New York City
March 10, 2015
Afternoon Meeting at Alston & Bird, New York City
May 5, 2015
Afternoon meeting at The Bar Center in Albany
June 1, 2015
A CLE Symposium and Reception, "Meet the Justices of the Appellate Division, First Department" was held at the Appellate Division courthouse. Experienced appellate lawyers on the faculty posed detailed questions to the Justices on their recommendations, tips, and dos and
don’ts for effective brief writing and oral argument in the First Department.
September 8, 2015
Afternoon Meeting at Greenberg Traurig, New York City
December 1, 2015
Next business meeting of the committee on a date and at a time and place in NYC to be determined.
"New York Appellate Practice," the committee's
traditional full-day, multi-location CLE program, will be held in fall 2015 in several locations around the state.
In March 2014, the committee produced a detailed report examining the rules of practice of the four Departments of the Appellate Division and made recommendations about the extent to which they can be made uniform for the benefit of both the courts and practicing attorneys. This report may be viewed here.
The committee's newsletter, Leaveworthy, is accessible at the far left column of this page or with this link: www.nysba.org/LeaveworthyNewsletter. Our newsletter addresses significant appellate practice decisions, both state and federal, that: 1) clarify the law, especially if lower courts had inconsistent rulings or interpretations on the issue, and 2) provide illumination on useful appellate practice techniques. We also plan to cover news about procedures, personnel and rules in the appellate courts.
The Rules of the Appellate Divisions
This handy, easy-to-use guide lists and highlights the rules that govern motion and appellate practice in the four Appellate Divisions: The Rules of the Appellate Divisions.
Report on Criminal Leave Applications to the New York Court of Appeals
The committee's report recommending changes in the procedures for criminal leave applications to the New York Court of Appeals was adopted by the Association's Executive Committee in November 2009 and may be viewed here.
Report on Electronic Filing of Briefs and Record Material in Court of Appeals
The committee's September 3, 2010 report (click here to view) discusses its views on, and the pros and cons of, an electronic filing system in the New York Court of Appeals.