N.Y. Comp. Codes R. & Regs. tit. 22 § 500.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 500.14 - Records, appendices and exhibits in normal course appeals

(a) Record material. Appellant shall supply the court with record material in one of the following ways:

(1) Appellant may subpoena the original file to this court from the clerk of the court of original instance or other custodian, and submit original exhibits to be relied upon, and, in addition to the submission in digital format required by subdivision (g) of this section, supplement these with an original and nine copies of an appendix conforming to subdivision (b) of this section, with proof of service of three copies of the appendix on each other party. If appellant is represented by assigned counsel, or has established indigency, an oral or written request may be made of the clerk of this court to obtain the original file.

(2) In addition to the submission in digital format required by subdivision (g) of this section, appellant may file with the clerk of the court one copy of the reproduced record used at the intermediate appellate court. This record shall be supplemented by an original and nine copies of an appendix conforming to subdivision (b) of this section, with proof of service of three copies of the appendix on each other party.

(3) In addition to the submission in digital format required by subdivision (g) of this section, appellant may file with the clerk of the court an original and nine copies of a new and full record which shall include the record used at the court below, the notice of appeal or order granting leave to appeal to this court, the decision and order appealed from to this court, and any other decision and order brought up for review, with proof of service of three copies of the new record on each other party.

(b) Appendix. An appendix shall conform to the requirements of CPLR 5528 and 5529, and shall be sufficient by itself to permit the court to review the issues raised on appeal without resort to the original file (see paragraph [a] [1] of this section) or reproduced record used at the court below (see paragraph [a][2] of this section). The clerk's office encourages the filing of any appendix as a separately bound submission. The appendix shall include, as relevant to the appeal, the following:

(1) the notice of appeal or order or certificate granting leave to appeal;

(2) the order, judgment or determination appealed from to this court;

(3) any order, judgment or determination which is the subject of the order appealed from, or which is otherwise brought up for review;

(4) any decision or opinion relating to the orders set forth in paragraphs (2) and (3) of this subdivision; and

(5) the testimony, affidavits, jury charge and written or photographic exhibits useful to the determination of the questions raised on appeal or cited in the brief of the party filing the appendix.

(c) Respondent's appendix. A respondent may file a supplementary appendix. The clerk's office encourages the filing of any supplementary appendix as a separately bound submission.

(d) Inadequate appendix. When appellant has filed an inadequate appendix, respondent may move to strike the appendix (see section 500.21 of this Part) or, in addition to the submission in digital format required by subdivision (g) of this section, may submit an original and nine copies of an appendix containing such additional parts of the record as respondent deems necessary to consider the questions involved, with proof of service of three copies of the appendix on each other party. The court may direct appellant to supplement the appendix with additional parts of the record it deems necessary to consider the questions involved.

(e) Description of action or proceeding. The new and full record referred to in paragraph (a)(3) of this section or the appendix shall contain the statement required by CPLR 5531.

(f) Correctness of the record. The correctness of the new and full record referred to in paragraph (a)(3) of this section or the appendix and additional papers shall be authenticated pursuant to CPLR 2105 or stipulated to pursuant to CPLR 5532.

(g) Companion submission in digital format. Each appellant shall submit in digital format its appendix pursuant to paragraph (a)(1) of this section, intermediate appellate court record and appendix pursuant to paragraph (a)(2) of this section, or new and full record pursuant to paragraph (a)(3) of this section. If a respondent files an appendix pursuant to this section, respondent shall submit in digital format such appendix. The record material in digital format shall be identical to the filed original printed record material, except it need not contain an original signature, and it shall comply with the technical specifications and instructions for submission available from the clerk's office. Unless otherwise permitted by the clerk of the court, record material in digital format shall be received by the clerk's office no later than the due date for the printed record material.

(h) All submissions under this section shall comply with the requirements of section 500.5 of this Part regarding sealing and redaction.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.14