United States · New York civil procedure
When is the ordinary Appellate Division respondent brief due?
Rule 1250.9(c) ordinarily requires filing within thirty days after service of the appellant’s submissions. The First Department uses its terms calendar.
- Period
- 30 days
- Trigger
- Valid personal service of the appellant’s required submissions
- Rule
- 22 NYCRR 1250.9(c), (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(c), (f), (g) requirement?
Establish the appellate department and that this is an ordinary respondent brief, not a cross-appeal answering brief.
Preserve valid personal service of the appellant’s required submissions and any actual court schedule.
Responsible actor. The respondent on the ordinary civil appeal. An ordinary non-cross-appeal in the Second, Third or Fourth Department, with personal service and no different court schedule or extension.
22 NYCRR 1250.9(c), (f), (g)How is the stated statutory period counted?
- Establish the appellate department and that this is an ordinary respondent brief, not a cross-appeal answering brief.
- Preserve valid personal service of the appellant’s required submissions and any actual court schedule.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- File the respondent brief, any required appendix and proof of service, and complete the department’s electronic, hard-copy and fee 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 in the Second, Third or Fourth Department, with personal service and no different court schedule or extension. Fictitious established facts. An ordinary non-cross-appeal in the Second, Third or Fourth Department, with personal service and no different court schedule or extension.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Valid personal service of the appellant’s required submissions | September 1, 2026 |
| Disclosed statutory component | 30 days | Thursday, October 1, 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
- Its published terms calendar applies instead of this thirty-day preset.
- Cross appeals
- Subdivision (f) supplies a combined brief schedule and different roles.
- Actual extension
- Subdivision (g) requires qualifying stipulation, application or motion. No automatic extra days are added.
- 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 in the Second, Third or Fourth Department, with personal service and no different court 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(c), (f), (g)
When is the ordinary Appellate Division respondent brief due?
Is thirty days correct in the First Department?
Use that court’s published terms calendar, not this ordinary preset.
22 NYCRR 1250.9(c), (f), (g)Can I use the date the appellant signed the brief?
No. This branch uses valid service of the required appellant submissions.
22 NYCRR 1250.9(c), (f), (g)Is filing without proof of service enough?
The rule requires the submissions and service proof, with department-specific requirements.
22 NYCRR 1250.9(c), (f), (g)Official procedural, counting and completion sources
Provisions used (9)
| Provision | Purpose |
|---|---|
| 22 NYCRR 1250.9(c), (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 |