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1) What should my Record on Appeal consist of when dealing with one of the Appellate Divisions and appealing a judgment? (CPLR § 5526) |
• Statement Pursuant to CPLR 5531
• Notice of Appeal
• Judgment Appealed From
• Judgment Roll (Pleadings) * Transcript (s) and Exhibits
• Any Other Reviewable Order or Opinion in the Case
• Stipulation Settling the Transcript or Affirmation of Compliance
• Stipulation Dispensing with Reproduction of Exhibits “So Ordered”
• Certification Pursuant to CPLR 2105 or Stipulation Pursuant to CPLR 5532.
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2) What should my Record on Appeal consist of when dealing with one of the Appellate Divisions and appealing an Interlocutory Order? (CPLR § 5526) |
• Statement Pursuant to CPLR 5531
• Notice of Appeal
• Decision/Order Appealed From
• Motion Papers/Order to Show Cause
• Affidavits in Support with any Exhibits Annexed Thereto
• Affidavits in Opposition with any Exhibits Annexed Thereto
• Reply Affidavits with any Exhibits Annexed Thereto
• Certification Pursuant to CPLR 2105 or Stipulation Pursuant to CPLR 5532.
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3) What should my Appendix consist of when dealing with one of the Appellate Divisions? |
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• Statement Pursuant to CPLR 5531
• Notice of Appeal
• Decision/Order Appealed From
• Any Pleadings as to the Issues Raised on Appeal
• Any Relevant Portions of Motions, Opinions, Transcripts or Exhibits
• Stipulation Settling Transcript or Affirmation of Compliance
• Certification Pursuant to CPLR 2105 or Stipulation Pursuant to CPLR 5532
• No Certification for AD1 cases.
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4) How do I settle my transcript? (CPLR 5525) |
A) By 15 Day Notice of Settlement |
• Make a copy of the transcript(s)
• Prepare a Notice of Settlement Form
• On letterhead list any proposed amendments to the transcript(s)
• Serve a copy of the transcript(s), with Notice of Settlement and proposedamendments upon the opposing party(ies)
• Once 15 days have lapsed, prepare an Affirmation of Compliance
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B) Settling Transcripts without 15 days? |
• Make a copy of the transcript(s)
• Prepare a Stipulation to be signed between the parties
• On letterhead list any proposed amendments to the transcript(s)
• Provide the parties with a copy of the transcript(s), amendments and stipulation
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C) Cannot settle transcript by 15 Day Notice or Stipulation? |
| • Provide a copy of the original transcript and amendments to the judge or referee before whom the proceedings were held |
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5) How do I extend my time to Serve and File? |
AD1 Briefs: |
• Personal Application by attorney
• Stipulation among parties
• Motion to the Court
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AD1 Records/Appendices: |
• Motion
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AD2 Records/Appendices and Briefs (670.8d): |
• By Letter Application
• By Stipulation (So Ordered for Record/Appendix)
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AT1 and AT2: |
• By Motion
• By Stipulation
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NYSCA (500.15): |
Telephone call to the Clerk’s office. Once granted an extension, the
requesting party shall file a confirmation letter, with proof of service on
each party.
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Second Circuit: |
• By Motion
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6) When should my appeal be perfected? |
AD1, AD2, AD3 and AD4: |
| • The date of the Notice of Appeal or the date of entry of an Order Granting Leave to Appeal determines the date by which the appeal must be perfected. |
AD1, AD3 and AD4: |
| • Generally perfected on the nine month rule. Nine months from the date of the Notice of Appeal. |
AD2: |
| • Generally perfected on the six month rule. Six months from the date of the Notice of Appeal. |
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7) When perfecting an appeal in one of the State Courts is a filing fee required? |
• A filing fee of $315.00 made payable to the clerk of the particular Court where you are perfecting your appeal. |
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8) Can anything be attached as an Addendum to the back of the brief? |
• Each Court has specific rules as to what should be attached. |
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9) How should I cite to my Record/Appendix in my Brief? |
• Record:
R1, R54, R104, etc. Begin with the letter “R” for Record followed by the page number.
• Appendix: A1, A54, A104, etc. Begin with the letter “A” for Appendix followed by the page number. |
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10) What are acceptable fonts that can be used when preparing the brief? |
Examples of Proportional Fonts:
• Times New Roman
• Bookman
• Century
• Century Schoolbook
• Palatino
• Baskerville
• Garamond
• Georgia Caslon
Examples of Monospaced Fonts:
• Courier
• Courier New
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11) What are some general formatting rules for when I prepare my brief? |
Generally: Proportional/Monospace typeface, one inch margins all around, double space between lines, single space between quotations longer than two lines. |
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12) Who is responsible for preparing the Record on Appeal, Joint Record on Appeal or Joint Appendix? |
The Appellant is responsible for putting together the Record. The Appellants are responsible for putting together the Joint Record and Joint Appendix. |
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13) Who bears the cost of the Record and or Joint Record on Appeal? |
The Appellant bears the cost for preparing the Record. If there is a Cross or
Co-Appellant the cost should be split between the appealing parties. |
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14) Am I required to e-file documents in the Appellate Division First Department? |
Yes. As of September 1, 2010 each brief, record on appeal or appendix must be served filed and served by email in a PDF text searchable format. |
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15) Is there a filing fee to file a Motion? |
Generally in the State Courts a filing fee of $45 is required to file a motion. |
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16) When perfecting on the Appendix method, do I need to subpoena the lower Court’s record? |
Yes a subpoena should be completed. PrintingHouse has representatives on staff who prepare subpoenas. |
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17) Are memorandums of law acceptable in my Record or Appendix? |
Different Courts have specific rules regarding this document. |
AD1, AD2, AD3 and AD4: |
| • Acceptable only if it has independent relevance. |
AT1: |
| • Not acceptable even as an exhibit, unless it cited in the Judge’s Order. |
Federal Courts: |
| • Acceptable only if it has independent relevance. |
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