N.Y. Civil Practice Law & Rules § 2112: Filing of papers in the appellate division by electronic means

§ 2112. Filing of papers in the appellate division by electronic

means. Notwithstanding any other provision of law, and except as

otherwise provided in subdivision (c) of section twenty-one hundred

eleven of this article, the appellate division in each judicial

department may promulgate rules authorizing a program in the use of

electronic means for: (i) appeals to such court from the judgment or

order of a court of original instance or from that of another appellate

court, (ii) making a motion for permission to appeal to such court,

(iii) commencement of any other proceeding that may be brought in such

court, and (iv) the filing and service of papers in pending actions and

proceedings. Provided however, such rules shall not require an

unrepresented party or any attorney who furnishes a certificate

specified in subparagraph (A) or (B) of paragraph three of subdivision

(b) of section twenty-one hundred eleven of this article to take or

perfect an appeal by electronic means. Provided further, however,

before promulgating any such rules, the appellate division in each

judicial department shall consult with the chief administrator of the

courts and shall provide an opportunity for review and comment by all

those who are or would be affected including city, state, county and

women's bar associations; institutional legal service providers;

not-for-profit legal service providers; attorneys assigned pursuant to

article eighteen-B of the county law; unaffiliated attorneys who

regularly appear in proceedings that are or have been affected by the

programs that have been implemented or who may be affected by

promulgation of rules concerning the use of the electronic filing

program in the appellate division of any judicial department; and any

other persons in whose county a program has been implemented in any of

the courts therein as deemed to be appropriate by any appellate

division. To the extent practicable, rules promulgated by the appellate

division in each judicial department pursuant to this section shall be

uniform and may apply to any appellate term established by an appellate

division.