If you have a case that is not yet concluded and the court enters an order that you seek to appeal prior to the trial, you must quickly file a motion for leave to file an interlocutory appeal. In fact, if the case is not concluded as to all issues and all parties, you have only 20 days from obtaining the order that you seek to appeal to file your motion for leave to file an interlocutory appeal.
If your adversay files a motion for leave to file an interlocutory appeal, you have only 10 days to file an opposition to the motion for leave to file an interlocutory appeal.
The person filing the motion for leave to file an interlocutory appeal is not entitled to file a reply to the opposition.
On average, it takes 4 to 5 weeks for the Appellate Division to decide a motion for leave to file an interlocutory appeal.
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