The statewide Practice Rules of the Appellate Division ([22 NYCRR] part 1250), adopted by the four Judicial Departments of the Appellate Division on December 12, 2017 and revised by joint order on June 29, 2018, became effective on September 17, 2018. By order dated June 26, 2018, the Third Department rescinded (22 NYCRR) part 800 and adopted a new part 850 to supplement the statewide Practice Rules of the Appellate Division. The new part 850 became effective on September 17, 2018, and was amended effective January 7, 2019.
The new practice rules will apply to (1) all matters commenced in the Appellate Division, or in which a notice of appeal to the Appellate Division is filed, on or after the effective date, and (2) all matters pending in the Appellate Division on the effective date, unless otherwise ordered by the Court upon a showing that application of the rules would result in substantial prejudice to a party or would be manifestly unjust or impracticable under the circumstances.