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Appellate Term Second Department – Now Requires you to File a Record

by | Apr 9, 2020

Effective as of 1-1-2020, the Appellate Term-Second Department will now require a reproduced full record to be filed at the court and served on all parties.  Prior to this date once the Appellate Term had received the full record from the lower court the Appellant was only required to file an Appellant’s Brief accompanied by a 5531 statement.

As explained in the court’s new rules, if all parties to an action or proceeding governed by the New York City Civil Court Act, Uniform District Court Act or Uniform City Court Act are represented by counsel, the appeal must, unless good cause is shown, be prosecuted on a reproduced full record.  The reproduced full record shall comply with the requirements of CPLR 5526. An original and four copies of the record, duly certified as provided below, shall be filed with proof of service of one copy upon each of the other parties to the appeal. In lieu of certification by the clerk of the court of original instance, the record may be certified by the appellant’s attorney pursuant to CPLR 2105; or by a stipulation in lieu of certification pursuant to CPLR 5532. The reproduced copy containing the signed certification or stipulation shall be marked “Original”.

An additional copy of the brief and reproduced printed record on appeal shall be filed digitally in accordance with instructions provided on the court’s website

www.nycourts.gov/courts/AD2/AppellateTerm.shtml.

For further details of the court’s new rules, please feel free to visit their website.

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