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How to Handle Duplicative Documents When Perfecting an Appeal at the Appellate Division

by | Mar 14, 2024

PAUL LAMAR | Executive Vice President of Appellate Services | PHP

There are two approaches to handling duplicative documents when preparing a Record on Appeal or an Appendix for the New York State Appellate Division, First through Fourth Departments. The decision is normally left up to the attorney perfecting the appeal and/or the attorney’s client.

If cost is an issue, most attorneys prefer not to have duplicative documents reproduced throughout the entire Record or Appendix. Depending on how many documents are duplicated, their length and how often they reappear, repeating them each time can significantly increase both the length of the Record or Appendix and the cost of printing it.

The practical way around this costly repetition is to replace the repeated document with a single inserted page, explaining where the duplicative document already appears. For example, suppose the “Affirmation of Richard Jones, dated May 1, 2015” initially appears in the Record/Appendix from pages 50 to 75, then is included twice later, reappearing from pages 225 to 250 and 500 to 525. Each repetition can be replaced by a single page denoting:

Affirmation of Richard Jones, dated May 1, 2015
(Reproduced Herein at pages 50 to 75)

In this example, you would eliminate nearly 50 pages from the Record or Appendix. In fact, since the Court requires a minimum of ten copies of the Record or Appendix for service and filing, you would eventually eliminate around 500 pages. As you can see, in this instance, the printing cost would be greatly reduced.

On the other hand, when cost is not an issue, the duplicative documents can be reproduced in their entirety throughout the Record or Appendix. Several PrintingHouse Press clients feel that the inclusion of these documents throughout the Record or Appendix adds convenience to the review process.

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