Imagine you have perfected your appeal to the appellate division, served and filed your reply brief, and now approach the bench for oral argument. You are ready to dive into your presentation addressing several weighty issues of substantive law, when the first inquiry comes from the panel: “Counselor, has the order you are appealing from been filed and entered in the county clerk’s office?” Another justice immediately probes further, noting: “We see the supreme court justice signed an order that is on page 10 of the record, but there is no stamp from the county clerk’s office indicating it was filed and entered.”
Now you are back-pedaling. You gaze down at your outline for oral argument, but it does not address this seemingly picayune procedural matter. Then a third justice makes a pronouncement that sets your head reeling: “If this order was not properly filed and entered, we are required to dismiss your appeal.” You thank God that your client is not in the courtroom, but wonder how she will handle this news after having paid your $25,000 invoice for prosecuting the appeal.
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