Legislation
SECTION 1122
Filing of papers on appeal to the appellate division by electronic means
Family Court Act (FCT) CHAPTER 686, ARTICLE 11
* § 1122. Filing of papers on appeal to the appellate division by
electronic means. Notwithstanding any other provision of law, the
appellate division in each judicial department may promulgate rules
authorizing a program in the use of electronic means for the taking and
perfection of appeals in accordance with the provisions of section
twenty-one hundred twelve of the civil practice law and rules. For
purposes of this section, "electronic means" shall be as defined in
subdivision (f) of rule twenty-one hundred three of the civil practice
law and rules. Provided however, such rules shall not require an
unrepresented party or any attorney who furnishes a certificate
specified in paragraph (i) or (ii) of subdivision (c) of section two
hundred fourteen of this chapter to take or perfect an appeal by
electronic means. Provided further, however, before promulgating any
such rules, the appellate division in each judicial department shall
consult with the chief administrator of the courts and shall provide an
opportunity for review and comment by all those who are or would be
affected including city, state, county and women's bar associations;
institutional legal service providers; not-for-profit legal service
providers; attorneys assigned pursuant to article eighteen-B of the
county law; unaffiliated attorneys who regularly appear in proceedings
that are or have been affected by the programs that have been
implemented or who may be affected by promulgation of rules concerning
the use of the electronic filing program in the appellate division of
any judicial department; and any other persons in whose county a program
has been implemented in any of the courts therein as deemed to be
appropriate by any appellate division. To the extent practicable, rules
promulgated by the appellate division in each judicial department
pursuant to this section shall be uniform.
* NB Repealed September 1, 2027
electronic means. Notwithstanding any other provision of law, the
appellate division in each judicial department may promulgate rules
authorizing a program in the use of electronic means for the taking and
perfection of appeals in accordance with the provisions of section
twenty-one hundred twelve of the civil practice law and rules. For
purposes of this section, "electronic means" shall be as defined in
subdivision (f) of rule twenty-one hundred three of the civil practice
law and rules. Provided however, such rules shall not require an
unrepresented party or any attorney who furnishes a certificate
specified in paragraph (i) or (ii) of subdivision (c) of section two
hundred fourteen of this chapter to take or perfect an appeal by
electronic means. Provided further, however, before promulgating any
such rules, the appellate division in each judicial department shall
consult with the chief administrator of the courts and shall provide an
opportunity for review and comment by all those who are or would be
affected including city, state, county and women's bar associations;
institutional legal service providers; not-for-profit legal service
providers; attorneys assigned pursuant to article eighteen-B of the
county law; unaffiliated attorneys who regularly appear in proceedings
that are or have been affected by the programs that have been
implemented or who may be affected by promulgation of rules concerning
the use of the electronic filing program in the appellate division of
any judicial department; and any other persons in whose county a program
has been implemented in any of the courts therein as deemed to be
appropriate by any appellate division. To the extent practicable, rules
promulgated by the appellate division in each judicial department
pursuant to this section shall be uniform.
* NB Repealed September 1, 2027