What You Need to Know About the AD2 Calendar this Summer

What You Need to Know About the AD2 Calendar this Summer

SUMMER BREAK

With summer quickly approaching, we thought it would be a good time to remind everyone that the Appellate Division, 2nd Department does not schedule oral argument during the summer months. Though, occasionally, the Court will have a few special calendars during this time to help clear some of the overwhelming caseload. Typically, the last day of calendaring before the summer break is during the last week of June and calendar begins again on the Tuesday immediately after Labor Day. Scheduling for that fall calendar begins around the second week of August, so you can relax for most of the summer.

UNAVAILABILITY

AD2 has recently implemented a new initiative to advise litigants that their case is going to be scheduled for calendaring soon, and requesting that litigants advise of dates they are unavailable for argument. Receiving a letter of unavailability after a case has been calendared is an inconvenience to the Court that should be avoided. Since this is a new initiative, it is still best to monitor the Court’s calendar for each of your cases and advise the Court as early as possible of the days which you are unavailable for argument. Below is a sample letter of unavailability for your convenience.

Have a great summer!

Date

By Email ([email protected])

April Agostino
Clerk of the Court
Supreme Court of the State of New York
Appellate Division, Second Judicial Department
45 Monroe Place
Brooklyn, NY 11201

Re:       ABC Corp. v. XYZ Inc.
            Appellate Division Docket No. 2018-00000
            Lower Court Index No. 12345/2005                                      

Dear Ms. Agostino:

We represent Defendant-Respondent in the above-referenced matter.  We respectfully write to inform the Court of dates that the undersigned counsel is unavailable for oral argument in this appeal, which has not yet been scheduled.  Those dates of unavailability are as follows:

• September 23-26, 2019
• October 10-14, 2019

Thank you in advance for your consideration of this matter.

Respectfully submitted,

Counsel of Record

cc: Counsel for Plaintiff-Appellant (via email)