Categories & Search

First Department Announces Pilot Program for Interlocutory Appeals Relating Exclusively to Discovery Matters

Recently, the First Department announced a new pilot program for interlocutory appeals from the Commercial Division related to discovery matters.[1]  Beginning on January 1, 2022, the perfection period for interlocutory appeals of discovery disputes will be shortened from six months to four months.  The goal of the program is to “promptly resolve issues involving discovery disputes that should be addressed before a litigation can proceed.” 

Because this is merely a pilot program, the First Department will not be making any changes to the Rules of Practice of the Appellate Division, First Department, nor are any revisions to the statewide Practice Rules of the Appellate Division anticipated at this time.

Commercial Division practitioners should be aware of a few items of note with respect to the pilot program:

  • The program applies exclusively to interlocutory appeals from the Commercial Division of the Supreme Court in either New York or Bronx County.
  • The program is only applicable where the order on appeal involves exclusively discovery issues.
  • The program begins on January 1, 2022 and applies to discovery dispute appeals in which the notice of appeal is dated on or after that date.
  • Unless the court has directed that an interlocutory appeal involving discovery disputes be perfected by a particular time, the appeal must be perfected within four months of the date of the notice of appeal.
  • Extensions of time may be sought pursuant to 22 NYCRR 1250.9(b).

[1] Interlocutory Appeals from the Commercial Division of the Supreme Court Relating to Discovery Matters, N.Y. St. Unified Ct. Sys., https://www.nycourts.gov/courts/ad1/PDFs/Pilot%20Program-CommercialInterlocutoryAppealsDiscovery.pdf