2021-2022 Erie County Bar Foundation Campaign

Preliminary Notification of Intent to Request Expansion of Mandatory E-Filing Program in Erie County Supreme Court

From HON. KEVIN M. CARTER, Administrative Judge, and HON. MICHAEL P. KEARNS, Erie County Clerk 

Based on the successful mandatory e-filing program in Erie County Supreme Court, please be advised that we are specifically requesting expansion of the current mandatory program to include in rem tax foreclosures and RPTL 730 proceedings. Upon the authorization of the Chief Administrative Judge, all civil actions in Erie County Supreme Court will be mandated for e-filing, except for the following: 

  • • CPLR Article 70 proceedings 
  • • CPLR Article 78 proceedings 
  • • Election Law proceedings 
  • • matrimonial matters 
  • • Mental Hygiene Law matters 

We are also requesting authorization to modify the existing consensual e-filing program to include only the case types that are not subject to mandatory e-filing. 

The expansion of the mandatory e-filing program in Erie County Supreme Court is tentatively scheduled for December 2021. 

In addition, this notice is to advise you that we will be submitting our request to expand this mandatory program to the Chief Administrative Judge, who is required by statute to post this proposal on the UCS website inviting comments from attorneys and all affected parties (http://www.nycourts.gov/rules/efiling). 

This request and any public comment received will be presented for consultation purposes to an advisory committee. After the committee has reported its review of the proposal to the Chief Administrative Judge, he will consider our request and may issue an Order thereon. 

The NYSCEF Resource Center training staff will offer free virtual CLE training for attorneys, as well as training to their staff and all other interested filers. (For further training information see www.nycourts.gov/efile). Additionally, please know, the staff at the Erie County Clerk’s Office and the Supreme Court will work closely with the Bar to ensure the success of this important program. 

Also, as you may be already be aware, by legislation and statute all unrepresented parties are exempt from participating in e-filing in any case. However, unrepresented parties may choose to e-file. 

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