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1) What should my Record on Appeal consist of when dealing with one of the Appellate Divisions and appealing a judgment? (CPLR § 5526)

Statement Pursuant to CPLR 5531
Notice of Appeal
Judgment Appealed From
Judgment Roll (Pleadings) * Transcript (s) and Exhibits
Any Other Reviewable Order or Opinion in the Case
Stipulation Settling the Transcript or Affirmation of Compliance
Stipulation Dispensing with Reproduction of Exhibits “So Ordered”
Certification Pursuant to CPLR 2105 or Stipulation Pursuant to CPLR 5532.
 
2) What should my Record on Appeal consist of when dealing with one of the Appellate Divisions and appealing an Interlocutory Order? (CPLR § 5526)

Statement Pursuant to CPLR 5531
Notice of Appeal
Decision/Order Appealed From
Motion Papers/Order to Show Cause
Affidavits in Support with any Exhibits Annexed Thereto
Affidavits in Opposition with any Exhibits Annexed Thereto
Reply Affidavits with any Exhibits Annexed Thereto
Certification Pursuant to CPLR 2105 or Stipulation Pursuant to CPLR 5532.
 
3) What should my Appendix consist of when dealing with one of the Appellate Divisions?


Statement Pursuant to CPLR 5531
Notice of Appeal
Decision/Order Appealed From
Any Pleadings as to the Issues Raised on Appeal
Any Relevant Portions of Motions, Opinions, Transcripts or Exhibits
Stipulation Settling Transcript or Affirmation of Compliance
Certification Pursuant to CPLR 2105 or Stipulation Pursuant to CPLR 5532
No Certification for AD1 cases.

 
4) How do I settle my transcript? (CPLR 5525)

A) By 15 Day Notice of Settlement
Make a copy of the transcript(s)
Prepare a Notice of Settlement Form
On letterhead list any proposed amendments to the transcript(s)
Serve a copy of the transcript(s), with Notice of Settlement and proposedamendments upon the opposing party(ies)
Once 15 days have lapsed, prepare an Affirmation of Compliance


B) Settling Transcripts without 15 days?
Make a copy of the transcript(s)
Prepare a Stipulation to be signed between the parties
On letterhead list any proposed amendments to the transcript(s)
Provide the parties with a copy of the transcript(s), amendments and stipulation


C) Cannot settle transcript by 15 Day Notice or Stipulation?
Provide a copy of the original transcript and amendments to the judge or referee before whom the proceedings were held
 
5) How do I extend my time to Serve and File?

AD1 Briefs:
Personal Application by attorney
Stipulation among parties
Motion to the Court

AD1 Records/Appendices:
Motion

AD2 Records/Appendices and Briefs (670.8d):
By Letter Application
By Stipulation (So Ordered for Record/Appendix)


AT1 and AT2:
By Motion
By Stipulation

NYSCA (500.15):
Telephone call to the Clerk’s office. Once granted an extension, the requesting party shall file a confirmation letter, with proof of service on each party.

Second Circuit:
By Motion
 
6) When should my appeal be perfected?

AD1, AD2, AD3 and AD4:
The date of the Notice of Appeal or the date of entry of an Order Granting Leave to Appeal determines the date by which the appeal must be perfected.

AD1, AD3 and AD4:
Generally perfected on the nine month rule. Nine months from the date of the Notice of Appeal.

AD2:
Generally perfected on the six month rule. Six months from the date of the Notice of Appeal.
 
7) When perfecting an appeal in one of the State Courts is a filing fee required?

A filing fee of $315.00 made payable to the clerk of the particular Court where you are perfecting your appeal.
 
8) Can anything be attached as an Addendum to the back of the brief?

Each Court has specific rules as to what should be attached.
 
9) How should I cite to my Record/Appendix in my Brief?

Record: R1, R54, R104, etc. Begin with the letter “R” for Record followed by the page number.
Appendix: A1, A54, A104, etc. Begin with the letter “A” for Appendix followed by the page number.
 
10) What are acceptable fonts that can be used when preparing the brief?

Examples of Proportional Fonts:

Times New Roman
Bookman
Century
Century Schoolbook
Palatino
Baskerville
Garamond
Georgia Caslon

Examples of Monospaced Fonts:
Courier
Courier New
 
11) What are some general formatting rules for when I prepare my brief?

Generally: Proportional/Monospace typeface, one inch margins all around, double space between lines, single space between quotations longer than two lines.
 
12) Who is responsible for preparing the Record on Appeal, Joint Record on Appeal or Joint Appendix?

The Appellant is responsible for putting together the Record. The Appellants are responsible for putting together the Joint Record and Joint Appendix.
 
13) Who bears the cost of the Record and or Joint Record on Appeal?

The Appellant bears the cost for preparing the Record. If there is a Cross or Co-Appellant the cost should be split between the appealing parties.
 
14) Am I required to e-file documents in the Appellate Division First Department?

Yes. As of September 1, 2010 each brief, record on appeal or appendix must be served filed and served by email in a PDF text searchable format.
 
15) Is there a filing fee to file a Motion?

Generally in the State Courts a filing fee of $45 is required to file a motion.
 
16) When perfecting on the Appendix method, do I need to subpoena the lower Court’s record?

Yes a subpoena should be completed. PrintingHouse has representatives on staff who prepare subpoenas.
 
17) Are memorandums of law acceptable in my Record or Appendix?

Different Courts have specific rules regarding this document.

AD1, AD2, AD3 and AD4:
Acceptable only if it has independent relevance.

AT1:
Not acceptable even as an exhibit, unless it cited in the Judge’s Order.

Federal Courts:
Acceptable only if it has independent relevance.
 

 
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