When a personal injury lawsuit taking place in Buffalo or Western New York requires an appeal, that appeal will usually be made to the Appellate Division for the Fourth Department. New York State Law and the rules of the Fourth Department set forth a specific time line that must be complied with when making an appeal. While the court may grant extensions of time, these time limits should generally be complied with.
First, the party appealing the adverse ruling must take the appeal within 30 days of receiving the judgment being appealed from. An appeal is taken by serving on the adverse party a notice of appeal and filing it in the office of the court where the judgment or order being appealed from originated. A notice must designate the party taking the appeal, the judgment or order or specific part of the judgment or order appealed from, and the court to which the appeal is taken.
Once the appeal is taken, the Fourth Department gives that party 60 days within which to perfect the appeal. Perfecting the appeal basically involves providing the Fourth Department with documentation surrounding the lower court decision that the parties believe the Fourth Department will need in making its decision.
Once the appeal is perfected, the Fourth Department will issue a scheduling order setting forth when a response must be provided by the other party and when oral argument will take place. If the Fourth Department does not specify another date, the other party must submit its response within thirty days. At this point, the pace at which the appeal in the personal injury case will proceed in largely in the hands of the Appellate Court, and there is no hard rule regarding how fast the matter will proceed.
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