New York’s Appellate Divisions work as the state’s four intermediate appellate courts, sitting between the trial-level Supreme Court and the Court of Appeals at the top. Created by Article VI, Section 4 of the New York Constitution, they review trial court decisions for both legal errors and factual sufficiency, and they hold exclusive authority over attorney admissions and discipline statewide.1Justia Law. New York Constitution Article VI Section 4 If you are planning an appeal from a New York trial court, this is almost always the court that will hear it.
The Four Departments
The state constitution splits New York into four judicial departments, each with its own Appellate Division courthouse.1Justia Law. New York Constitution Article VI Section 4 Which one hears your case depends entirely on the county where the trial court sits.
- First Department: New York County (Manhattan) and Bronx County.
- Second Department: Ten counties covering Brooklyn, Queens, Staten Island, Long Island, and the lower Hudson Valley — Kings, Queens, Richmond, Nassau, Suffolk, Westchester, Dutchess, Orange, Rockland, and Putnam. It is one of the busiest appellate courts in the country.2New York Courts. Appellate Courts
- Third Department: 27 upstate and eastern counties including Albany, Broome, Rensselaer, Saratoga, Schenectady, Tompkins, and Ulster. Because the state capital falls here, the court sees a concentration of state agency and workers’ compensation matters.
- Fourth Department: 22 western and central counties, including Erie (Buffalo), Monroe (Rochester), Onondaga (Syracuse), Oneida, Jefferson, and Chautauqua.
A judgment from Nassau County goes to the Second Department. One from Onondaga County goes to the Fourth. You do not get to pick.
What the Appellate Division Reviews
The court hears civil and criminal appeals from Supreme Court, County Court, Family Court, and Surrogate’s Court. Civil appeals are governed by Article 57 of the Civil Practice Law and Rules.3New York State Senate. New York Civil Practice Law and Rules Article 57 – Appeals to the Appellate Division Criminal appeals run under Article 450 of the Criminal Procedure Law.4New York State Senate. New York Criminal Procedure Law Article 450 – Appeals in What Cases Authorized and to What Courts Taken
Appeals as of Right Versus by Permission
Not every order can be appealed automatically. Under CPLR 5701, you can appeal an interlocutory order (one issued before the case is fully resolved) as of right if it was made on notice and either grants or denies a provisional remedy, affects a substantial right, or effectively prevents a final judgment. Orders that fit none of those categories require permission, which you ask first from the judge who issued the order and then from an Appellate Division justice if the judge refuses.5New York State Senate. New York Consolidated Laws, Civil Practice Law and Rules – CVP 5701
In criminal cases, a defendant usually has an appeal as of right from a judgment of conviction. The prosecution’s appeal rights are narrower and cover orders dismissing an accusatory instrument, suppressing evidence, or setting aside a verdict.6New York State Senate. New York Criminal Procedure Law 450.10 – Appeal by Defendant to Intermediate Appellate Court in What Cases Authorized as of Right
Review of Both Law and Fact
Unlike the Court of Appeals, which is limited to questions of law, the Appellate Division can evaluate whether the trial court’s factual findings had evidentiary support. If the justices find a jury verdict went against the weight of the evidence, they can set aside the judgment or order a new trial. For most litigants, this is the last realistic chance to challenge what actually happened at trial.
Filing an Appeal: Deadlines and the Record
The clock starts when you are served with the judgment or order along with written notice of its entry. You generally have 30 days to file a Notice of Appeal with the clerk of the trial court.7New York State Unified Court System. Perfecting An Appeal That deadline cannot be extended without statutory authority. Miss it and the appeal is usually gone.
If the other side files first and you want to challenge a different part of the ruling, you can cross-appeal. CPLR 5513(c) gives you ten days after being served with the initial notice of appeal, or the standard 30-day window, whichever is longer.8New York State Senate. New York Civil Practice Law and Rules 5513 – Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal
Perfecting the Appeal
Filing the notice only starts the process. You then have to “perfect” the appeal by submitting the required documents within six months.9Cornell Law Institute. 22 NYCRR 1250.9 – Filing of Papers in the Appellate Division The centerpiece is the Record on Appeal, which can take one of three forms:
- A reproduced full record containing every document filed below, together with your brief.
- The appendix method, which includes only the portions of the record relevant to the issues being argued. The First and Second Departments require you to subpoena the full record from the trial court clerk; the Third and Fourth accept a digital copy instead.9Cornell Law Institute. 22 NYCRR 1250.9 – Filing of Papers in the Appellate Division
- An agreed statement, if both sides sign off on a joint recitation of the relevant facts in place of the formal record.
Every submission also needs a legal brief that lays out your arguments and ties them to statutes, case law, and specific record pages. The respondent then has 30 days to file an opposing brief, and you can follow up with a reply within the time court rules allow.
What an Appeal Costs
Transcripts from the court reporter are often the largest expense if your case involved testimony. For regular delivery on a privately paid transcript, state rules set the original at $3.30 to $4.30 per page, with expedited and daily delivery costing more. Each additional copy adds roughly $1.00 to $1.25 per page.10Cornell Law Institute. 22 NYCRR 108.2 – Payment for Transcript A multi-day trial can produce hundreds of pages.
The filing fee to perfect a civil appeal is $315.11New York State Unified Court System. Appellate Division – First Judicial Department – Fees in Civil Matters It is due when you submit your record and brief, and the appeal will not be placed on the calendar without it.12New York State Unified Court System. Appellate Division – Second Judicial Department – How a Case is Decided
Fee Waivers
If you cannot afford the fee, you can move for poor person relief under CPLR 1101. The motion requires an affidavit detailing your income, assets, and property, and the court may require your attorney to certify that the appeal has merit. If a legal aid society, nonprofit legal services organization, or private counsel working under their direction represents you, no formal motion is needed. Counsel simply files a certification that you have been determined indigent. If you were represented by assigned counsel or legal aid in Family Court and remain indigent, there is a presumption of eligibility on appeal. If a waiver application is denied, you have 120 days to pay before the case is dismissed.13New York State Senate. New York Civil Practice Law and Rules 1101 – Motion to Waive Costs, Fees, and Expenses
Stopping Enforcement While You Appeal
Filing a notice of appeal does not automatically freeze the judgment against you. Under CPLR 5519(a), an automatic stay applies in some situations and not others. Government entities and officers get an automatic stay on filing. For a money judgment, you only get an automatic stay if you post an undertaking for the full amount. Similar undertaking requirements apply when a judgment orders you to turn over personal property, execute a document, or convey real estate.14New York State Senate. New York Civil Practice Law and Rules 5519 – Stay of Enforcement
When no automatic stay is available, you can ask the trial court or the Appellate Division for a discretionary one. The court weighs the apparent merits of the appeal against the hardship each side would face. Filing an appeal alone is not enough. You have to show a real basis for believing the lower court got it wrong and that enforcement in the meantime would cause disproportionate harm.
How Panels Decide and How Long It Takes
Appellate Division justices come from the pool of elected Supreme Court justices and are designated by the Governor. The constitution sets each department’s permanent bench at seven justices in the First and Second Departments and five in the Third and Fourth, with temporary designations available when caseload requires. No more than five justices sit on any one case, four form a quorum, and at least three must agree to reach a decision.1Justia Law. New York Constitution Article VI Section 4
Once briefs are filed, your case waits for a term calendar. Either side can request oral argument, though the court sometimes decides on the papers. Wait times vary. The Second Department has acknowledged backlogs in which civil appeals can wait many months for a slot.15New York State Unified Court System. Appellate Division – Second Judicial Department – Tackling the Backlog Once a case is actually argued or submitted, decisions move faster. The Fourth Department typically issues decisions about two weeks after the term concludes.16New York State Unified Court System. Decisions – Appellate Division Fourth Department For many civil matters, the span from notice of appeal to decision runs well over a year.
Outcomes and Appealing Further
The court can affirm, reverse, modify, or remand for a new trial or further proceedings. The written decision explains the reasoning and goes back to the trial court for any required action. A dissent matters beyond the case because it can open a path to the Court of Appeals.
Under CPLR 5601, you can appeal to the Court of Appeals as of right when two or more Appellate Division justices dissented, when the case involved a substantial constitutional question, or in certain other narrow situations.17New York State Senate. New York Civil Practice Law and Rules Article 56 – Appeals to the Court of Appeals Otherwise you need permission, which you ask first from the Appellate Division and then from the Court of Appeals if denied. At the Court of Appeals, at least two judges must agree to grant leave.18New York State Senate. New York Civil Practice Law and Rules 5602 – Appeals to the Court of Appeals by Permission
Attorney Admissions and Discipline
Beyond deciding appeals, the Appellate Division holds exclusive power to admit lawyers to the New York bar and to discipline or disbar them. Under Judiciary Law Section 90, each department admits applicants who have passed the bar exam and shown the required character and fitness, and it can impose penalties ranging from public censure to suspension to permanent disbarment.19New York State Senate. New York Consolidated Laws, Judiciary Law – JUD 90 A suspension or removal entered by any one department applies in every court in the state. Attorney grievance committees in each department investigate misconduct complaints and either resolve them directly or refer them to the court for formal proceedings.20New York State Unified Court System. Attorney Grievance Committees – Supreme Court – Appellate Division
Risk of Sanctions for Frivolous Appeals
An appeal filed without legal basis or taken only to delay can cost you money. Under Part 130 of the court rules, conduct is frivolous if it is completely without merit, undertaken primarily to delay or harass, or built on false factual statements. Sanctions can reach $10,000 per occurrence.21New York Courts. Part 130 – Costs and Sanctions An honest assessment from an appellate attorney about the realistic chances of success is often worth more than the appeal itself.