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The Appellate Division is New York State's intermediate level appellate court. It hears appeals from trial courts and has jurisdiction to hear certain original proceedings commenced in or transferred to it as provided by law. In determining appeals it has power to review issues of law, fact, and discretion arising in civil and criminal cases. Appeals from the Appellate Division are taken to the Court of Appeals, the State's highest court. The greater part of all appellate review in New York State is provided by the Appellate Division.
Motions are returnable in this Court on a Monday (or if a Monday falls on a holiday, on the next business day). You must give 13 days notice (prior to the return date) if you serve your adversary (or adversaries) by mail or 8 days notice if you use personal service. Return the original motion papers to the Courts office, serve your adversary (or adversaries) with one copy, and provide the Courts office with proof of service. You should attach to your papers a copy of your notice of appeal, a copy of the order or judgment appealed from, and a copy of the written decision upon which the order or judgment was based.
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