Observer: City Appeal of Judge’s Order for a Common Council Vote on French American School of New York Faces “Overwhelmed” Appellate Court. May not be Argued Until 2017

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(The following letter from an attorney currently involved in appealing a case to the New York Appellate Court Second Department indicates it may be more than a year before the Appellate Court takes up the White Plains appeal of the Judge Lefkowtiz order the Common Council vote on the site plan and Special Permit for the French American School–unless the case is expedited. He shares his observations of the current situation of the Appellate Court calendar:)


The filing of the appeal is different from “perfecting the appeal”.
Filing means one filed a form saying I appeal with a copy of the order appealed from and site reasons why (The R.A.D.I., Request for Appellate Division Intervention).
Perfecting¬† must be done within 6 months of the date of the notice of appeal (NOT the filing date, but the date on the actual typed up doc). That is when the appellant’s brief gets filed. Then FASNY has 30 days to file their opposition brief and the City then gets 10 days to file the reply brief.
Then the court takes about a year to bring it up for oral argument. Second Dept. delays, delays, delays……
The appeals process is a lengthy one and the (Appellate) Court is overwhelmed.
I just perfected an appeal in June. I was told to look for it to be on the argument calendar next year.
Dan Seidel

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