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This entry was published on 2017-08-04
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SECTION 2112
Filing of papers in the appellate division by electronic means
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 21-A
§ 2112. Filing of papers in the appellate division by electronic
means. Notwithstanding any other provision of law, and except as
otherwise provided in subdivision (c) of section twenty-one hundred
eleven of this article, the appellate division in each judicial
department may promulgate rules authorizing a program in the use of
electronic means for: (i) appeals to such court from the judgment or
order of a court of original instance or from that of another appellate
court, (ii) making a motion for permission to appeal to such court,
(iii) commencement of any other proceeding that may be brought in such
court, and (iv) the filing and service of papers in pending actions and
proceedings. Provided however, such rules shall not require an
unrepresented party or any attorney who furnishes a certificate
specified in subparagraph (A) or (B) of paragraph three of subdivision
(b) of section twenty-one hundred eleven of this article 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.