The progress of taking commercial appeals in New York has been impacted significantly by the onset of the COVID-19 pandemic. Deadlines for perfecting appeals were suspended and oral arguments were canceled. Although Skype conferences were being held in the trial level courts, such as the Commercial Division, arguments were not being scheduled on typical appeals. Recently, as Chief Judge Janet DiFiore has overseen a gradual re-opening of significant portions of the New York courts, there have been material developments in appellate practice which affect commercial litigators. These developments reflect a sense that appeals are starting to move forward again, albeit with the naturally attendant backlogs that the COVID-19 crisis has engendered.

The State’s highest court, the New York Court of Appeals, has not heard oral argument since March 17, 2020. Those March arguments were heard in a socially distanced fashion. For its April-May 2020 session, the Court announced that it will consider appeals based on the briefing and record, without oral argument.[1] Oral argument for the June session will be heard in-person, following appropriate safety protocols, although the courtroom will be closed to the general public.[2] Oral argument will be webcast live as usual.

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