United States · New York civil procedure
When is the ordinary Appellate Division appellant reply due?
Rule 1250.9(d) ordinarily requires filing within ten days after service of the respondent’s submissions. The First Department uses its terms calendar.
- Period
- 10 days
- Trigger
- Valid personal service of the respondent’s required submissions
- Rule
- 22 NYCRR 1250.9(d), (f), (g)
Current official court provision retained as a bounded extract. Reviewed. A revision label is not an inferred effective date.
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Which event starts the 22 NYCRR 1250.9(d), (f), (g) requirement?
Confirm the department and ordinary reply role. Do not substitute a cross-appeal response-and-reply brief.
Preserve personal service of the respondent’s submissions and check the actual appellate schedule.
Responsible actor. The appellant serving and filing an ordinary reply brief. An ordinary non-cross-appeal reply in the Second, Third or Fourth Department, with personal service and no different schedule or extension.
22 NYCRR 1250.9(d), (f), (g)How is the stated statutory period counted?
- Confirm the department and ordinary reply role. Do not substitute a cross-appeal response-and-reply brief.
- Preserve personal service of the respondent’s submissions and check the actual appellate schedule.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- File the reply brief with proof of service and complete the department’s electronic and hard-copy requirements.
GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
General Construction Law 20, event-day exclusionWhat does the independently derived example establish?
Fictitious example
An ordinary non-cross-appeal reply in the Second, Third or Fourth Department, with personal service and no different schedule or extension. Fictitious established facts. An ordinary non-cross-appeal reply in the Second, Third or Fourth Department, with personal service and no different schedule or extension.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Valid personal service of the respondent’s required submissions | September 1, 2026 |
| Disclosed statutory component | 10 days | Friday, September 11, 2026 |
Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.
Try these dates in the calculatorWhich facts change this requirement?
- First Department
- The published terms calendar supplies its filing schedule.
- Cross-appeal response
- An appellant-respondent’s combined response and reply ordinarily has thirty days under subdivision (f), not this ten-day period.
- Extensions
- Subdivision (g) recognizes actual qualifying extensions. Their completion and limits require separate review.
- Edition and projected calendar
- The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
- An ordinary non-cross-appeal reply in the Second, Third or Fourth Department, with personal service and no different schedule or extension.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about 22 NYCRR 1250.9(d), (f), (g)
When is the ordinary Appellate Division appellant reply due?
Is a cross-appeal response always due in ten days?
No. The combined cross-appeal schedule has different periods and roles.
22 NYCRR 1250.9(d), (f), (g)Does the respondent brief’s filing date start the preset?
This branch uses valid service of the respondent submissions.
22 NYCRR 1250.9(d), (f), (g)Can I infer an extension from opposing counsel’s silence?
No. Establish the actual qualifying stipulation, application or order.
22 NYCRR 1250.9(d), (f), (g)Official procedural, counting and completion sources
Provisions used (9)
| Provision | Purpose |
|---|---|
| 22 NYCRR 1250.9(d), (f), (g) | The particular actor, event, period and required act |
| 22 NYCRR 1245.5-.7, appellate electronic and hard-copy completion | Branch-specific service or filing completion |
| CPLR 2103, party-paper service and specified method additions | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |