First Department Pilot Program to Provide For Expedited Appeals From Commercial Division Discovery Orders

Last month, the First Department announced a new pilot program, under which appeals from discovery orders entered in the Commercial Division must be perfected within four months, rather than the typical six months. According to the court, the goal of this pilot program is to "promptly resolve issues involving discovery disputes that should be addressed before a litigation can proceed."

To qualify under this pilot program, the order on appeal must involve "exclusively" discovery issues, and the notice of appeal must be dated January 1, 2022 or later.

The rules of the pilot program are as follows:

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).

Sometimes, the outcome of a discovery ruling can make a significant difference in your case. The attorneys at Schlam Stone & Dolan LLP frequently take and defend appeals from Commercial Division discovery orders. Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning taking an appeal from a discovery order.