{"jurisdiction": "us-ny", "code": "fca", "section": "1122", "citation": "FCA § 1122", "heading": "Filing of papers on appeal to the appellate division by electronic means", "text": ["§ 1122. Filing of papers on appeal to the appellate division by electronic means. Notwithstanding any other provision of law, the appellate division in each judicial department may promulgate rules authorizing a program in the use of electronic means for the taking and perfection of appeals in accordance with the provisions of section twenty-one hundred twelve of the civil practice law and rules. For purposes of this section, \"electronic means\" shall be as defined in subdivision (f) of rule twenty-one hundred three of the civil practice law and rules. Provided however, such rules shall not require an unrepresented party or any attorney who furnishes a certificate specified in paragraph (i) or (ii) of subdivision (c) of section two hundred fourteen of this chapter 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."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/1122", "from_official_api": true, "plain_english": "- The **Appellate Division** in each department may authorize an **e-means program** for taking and perfecting appeals, per **CPLR § 2112**; \"electronic means\" is defined by **CPLR Rule 2103(f).**\n- ★ Rules **may not require** an **unrepresented party** or an attorney who furnished a § 214(c)(i)/(ii) certificate to take or perfect an appeal electronically.\n- Before promulgating rules, the AD consults the chief administrator and allows review/comment by affected bar groups/providers; rules should be **uniform** to the extent practicable.\n\n---\n\n**★ Exam hits:**\n- **Appeal deadline: the EARLIEST of 30 days (service by a party/child's attorney), 30 days (receipt in court), or 35 days (clerk's mailing/e-transmission)** — and the order **must carry the conspicuous § 1113 warning** or the clock doesn't start.\n- **Filing a notice of appeal does NOT stay the order** (§ 1114). Child-return orders in Art. 10 get an **automatic stay to 5 p.m. next business day** (§ 1112b).\n- **Appeals go to the Appellate Division** of the department; **notice of appeal is filed with the Family Court clerk** (file **2 copies + proof of service**; clerk transmits one to the AD).\n- **Dispositional orders are appealable as of right; other orders only by permission** (abuse/neglect intermediate & final orders are as of right).\n- **No printed case or brief required** (§ 1116).\n- **§ 1121 fast-track: transcript requested within ~10 days, completed within 30 days, appeal perfected within 60 days of the transcript.**\n- Assigned counsel / attorney for the child **continues on appeal**; fee waivers + poor-person presumption apply on certification (§§ 1118, 1120).\n\n\n---\n*Verbatim statute:* [[FCA - Article 11]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/1122", "publisher": "Elyphived LLC"}