In both the Third and Fourth Departments of the New York State Appellate Division, parties pursuing cross-appeals or concurrent appeals from the same order or judgment must prepare and file a joint record or joint appendix, and share the cost of its preparation equally. This requirement is set forth in the statewide Practice Rules of the Appellate Division (22 NYCRR §1250.9(f)) and applies uniformly in both departments.
A cross-appeal involves parties with adverse interests, while concurrent appeals are separately filed appeals from the same order or judgment in which the appellants’ interests are aligned. Regardless of the type of appeal, the statewide rules require the appeals to proceed together through a single joint record or appendix. This avoids duplicative filings, reduces costs, and ensures all related appeals are considered together.
Section 1250.9(f)(1)(ii) requires parties in cross-appeals to file a joint record or appendix, certified in accordance with Section 1250.7(g), and to share the preparation costs equally. Likewise, Section 1250.9(f)(2) requires parties in concurrent appeals to perfect the appeals together, file a joint record or appendix, and equally share the preparation costs.
Counsel should confer early regarding the contents of the joint record or appendix, the production schedule, and the allocation of costs. Addressing these issues at the outset helps prevent delays and minimizes disputes during the appellate process.
Most appellate printing and filing providers routinely prepare joint records and appendices, and can accommodate the equal cost-sharing requirement by issuing separate invoices to each appellant or law firm. This allows each party to pay its share directly while keeping the preparation and filing coordinated.
If a party files a notice of appeal but later decides not to proceed, the appeal should be formally withdrawn. Once withdrawn with the court, that party is no longer required to participate in the sharing of the cost of the joint appeal.