Commercial Division Blog

Posted: December 8, 2021 / Written by: Jeffrey M. Eilender, Samuel L. Butt, Christopher R. Dyess, Joshua Wurtzel, Hillary S. Zilz / Categories Appeals, Discovery/Disclosure

First Department Implements Pilot Program Regarding Discovery Appeals

The First Department has announced that, commencing on January 1, 2022, it will institute a Pilot Program to reduce the time within which to perfect interlocutory appeals from the Commercial Division of the Supreme Court from six to four months where the issues on appeal relate exclusively to discovery disputes.  The First Department wrote:

  1. The program will apply ONLY to interlocutory appeals from the Commercial Division of the Supreme Court – both New York and Bronx Counties - where an order on appeal involves exclusively discovery issues.
  2. The program will commence on January 1, 2022 and apply to discovery dispute appeals in which a notice of appeal is dated January 1, 2022 or thereafter.
  3. Except where the court has directed that an interlocutory appeal involving discovery disputes be perfected by a particular time, an appellant shall perfect the appeal within four months of the date of the notice of appeal.
  4. Extensions of time may be sought pursuant to the provisions of 22 NYCRR 1250.9(b).

The attorneys at Schlam Stone & Dolan have handled many discovery disputes and appeals therefrom.  Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning discovery, appeals or the Pilot Program.