N.Y. Comp. Codes R. & Regs. tit. 22 § 600.5

Current through Register Vol. 46, No. 19, May 8, 2024

Section 600.5 - Alternative methods of prosecuting appeal; time to file record, appendix or agreed statement

At appellant's option, an appeal may be prosecuted upon a record or statement authorized by CPLR 5526, 5527 or 5528.

(a) The appendix system.

(1) If the appeal is prosecuted by the appendix system pursuant to CPLR 5528(a)(5), appellant shall subpoena, from the clerk of the court from which the appeal is taken, the papers constituting the record on appeal as set forth in CPLR 5526 and cause them to be filed with the clerk of this court within 30 days after settlement of the transcript of proceedings or statement in lieu of a transcript. At the time the subpoena is served, the appellant shall deliver to the clerk two copies of the statement required by CPLR 5531.

(2) The clerk from whom the papers are subpoenaed shall prefix one copy of the statement required by CPLR 5531 to the papers and firmly fasten such papers across the top, exclusive of the transcript or statement in lieu thereof, if any, and transmit them to the clerk of this court, together with the additional copy of the statement required by CPLR 5531 and a certificate listing the papers constituting the record on appeal and stating whether all such papers are included in the papers transmitted.

(3) If a transcript of proceedings or statement in lieu of a stenographic transcript as settled is not included in the papers so subpoenaed, appellant shall file the ribbon copy of the transcript or the statement at the time of filing the appellant's brief. Where feasible, the parties shall stipulate, pursuant to CPLR 5525, subdivision (b), that only a portion of the transcript of proceedings need be filed.

(4) Where a full or partial transcript of proceedings is made part of the record on appeal, appellant shall serve upon, or make available to, respondent a conformed copy thereof in the manner and at the time prescribed by subdivision (e) of this section.

(b) Agreed statement in lieu of record.

(1) If the appeal is prosecuted pursuant to CPLR 5527, appellant shall reproduce the statement in lieu of a record on appeal as a joint appendix by printing or such other method of reproduction authorized by CPLR 5529. There shall be prefixed to these papers the statement required by CPLR 5531.

(2) Appellant shall file the original and 9 copies of the statement, with proof of service of two copies, within 30 days after approval of the statement by the court from which the appeal is taken, as required by CPLR 5527.

(c) Optional full record. If appellant elects to proceed on a completely reproduced record on appeal as authorized by the provisions of paragraph 5, subdivision (a), of CPLR 5528, the record shall be printed or otherwise reproduced as provided in section 600.10 of this Part, and in such case an appendix shall not be required. A copy of the record, duly certified, as provided in section 600.10(b)(1)(viii) of this Part, and 9 copies of such certified reproduced record, with proof of service of two copies, shall be filed within 30 days after settlement of the transcript of proceedings. Where feasible, the parties shall stipulate, pursuant to CPLR 5525, subdivision (b), that only a portion of the proceedings need be filed.

(d) When record does not involve settlement or approval. If the appeal is prosecuted upon a record which does not involve a transcript or statement requiring settlement or approval by the court from which the appeal is taken, the record on appeal must be filed or caused to be filed within 30 days after filing of the notice of appeal.

(e) Settlement of transcript.

(1) Within 15 days after receiving the transcript from the court reporter or any other source, the appellant shall make any proposed amendments and serve them and a copy of the transcript upon the respondent. Appellant may serve on respondent, together with the copy of the transcript and the proposed amendments, a notice of settlement containing a specific reference to this subdivision, and stating that if respondent fails to propose amendments or objections within 15 days, the provisions of paragraph (2) of this subdivision shall apply. Within 15 days after such service, the respondent shall make any proposed amendments or objections to the proposed amendments of the appellant and serve them upon the appellant. At any time thereafter and on at least four days' notice to the adverse party, the transcript and the proposed amendments and objections thereto shall be submitted for settlement to the judge or referee before whom the proceedings were had if the parties cannot agree on the amendments to the transcript. The original of the transcript shall be corrected by the appellant in accordance with the agreement of the parties or the direction of the court, and its correctness shall be certified to thereon by the parties or the judge or referee before whom the proceedings were had. When he serves his brief upon the respondent, the appellant shall also serve a conformed copy of the transcript or deposit it in the office of the clerk of the court of original instance, who shall make it available to respondent.

(2) If the appellant has timely proposed amendments and served them and the transcript and the notice provided by paragraph (1) of this subdivision, and no amendments or objections are proposed by the respondent within the time limited by this rule, the transcript, certified as correct by the court reporter, together with appellant's proposed amendments, shall be deemed correct without the necessity of a stipulation by the parties certifying to its correctness or the settlement of the transcript by the judge or referee. The appellant shall affix to such transcript an affirmation, certifying to his compliance with the time limitation and the respondent's failure to propose amendments or objections within the time prescribed.

(f) Transcript--number to be prepared by court reporter. Pursuant to CPLR 5525(a), in all appeals taken from judgments or orders entered in this department, the appellant may request that only the ribbon copy of the typewritten transcript by prepared by the reporter. If such request be made, only the ribbon copy shall be required to be prepared by the reporter and furnished to the appellant. If the appeal is by the appendix method, such ribbon copy shall be included in the record on appeal for use by the parties and the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 600.5