N.Y. Comp. Codes R. & Regs. tit. 22 § 1250.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1250.5 - Methods of Perfecting Causes

(a) Unless the court directs that a cause be perfected in a particular manner, an appellant may elect to perfect a cause by the reproduced full record method (CPLR 5528[a][5]); by the appendix method (CPLR 5528[a][5]); by the agreed statement in lieu of record method (CPLR 5527); or, where authorized by statute or this Part or order of the court, on the original record.

(b) Reproduced Full Record Method. If the appellant elects to proceed on a reproduced full record on appeal, the record shall be printed or otherwise reproduced as provided in sections 1250.6 and 1250.7 of this Part.

(c) Appendix Method. If the appellant elects to proceed by the appendix method, the appendix shall be printed or otherwise reproduced as provided in sections 1250.6 and 1250.7 of this Part.

(d) Agreed Statement in Lieu of Record Method. If the appellant elects to proceed by the agreed statement in lieu of record method, the statement shall be reproduced as a joint appendix as provided in sections 1250.6 and 1250.7 of this Part. The statement required by CPLR 553l shall be appended.

(e) Original Record. In the First, Second and Fourth Judicial Departments, the following causes may be perfected upon the original record, including a properly settled transcript of the trial or hearing, if any:

(1) appeals from the Family Court;

(2) appeals under the Election Law;

(3) appeals under the Human Rights Law (Executive Law § 298);

(4) proceedings transferred to the court pursuant to CPLR 7804(g)

(5) appeals where the sole issue is compensation of a judicial appointee;

(6) appeals under Correction Law §§ 168-d(3) and 168-n(3);

(7) appeals of criminal causes;

(8) appeals from the Appellate Term, where the matter was perfected on an original record at the Appellate Term;

(9) other causes where an original record is authorized by statute; and

(10) causes where permission to proceed upon the original record has been authorized by the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1250.5

Adopted New York State Register October 31, 2018/Volume XL, Issue 44, eff. 9/17/2018