On June 12, 2019, the Second Department amended its Rules of Practice to address the filing of supplemental records. The amendment, which adds section 670.7 to the Court’s Local Rules of Practice, sets forth the circumstances under which a supplemental record shall be accepted for filing by the Court, and makes clear that the submission of a supplemental record cannot be used to enlarge the Record on Appeal by stipulation of the parties. Rather, a supplemental record shall only be accepted for filing where (1) an order of this Court permits or directs its filing, or (2) where the parties stipulate that the supplemental record contains material which is properly part of the Record on Appeal, as that term is defined by statute and rule, but which was inadvertently omitted from the document entitled “Record on Appeal” which was initially filed with the Court. If you have any questions regarding this or any of the Court’s rules of practice, please contact the Court or on of PHP’s consultants.
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