Appellate Division, First or Second Department requires that the lower court file be subpoenaed to the Appellate Division. Once the subpoena is so-ordered by the Appellate Division and filed with the count court, it is the lower court clerk’s responsibility to transmit the documents to the Appellate Division. However, when an Appellant perfects an appeal on the Appendix method in the Appellate Division, Third and Fourth Department, these Courts require that the Record on Appeal be served and filed in addition to the Appendix.
Wednesday Wisdom
