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Must I Settle a Trial Transcript When Perfecting an Appeal in the First or Second Department?

(3 minutes to read)  The simple answer to this question is, yes. However, our experience shows that certain flexibility with respect to strict enforcement of this rule requirement is often provided depending on the Department handling the appeal.


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(2 minutes to read)  Outlined below are five strategies that may reduce your overall costs of perfecting your appeal while working with your Appellate Printer:


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(2 minutes to read)  There are five important steps when filing an appeal at the Appellate Term, First Department (AT1) that are often overlooked, resulting in delays, additional costs, and possibly a rejection of your appeal. In an effort to make the filing process smoother and ensure that when you present your appeal to the clerk it is accepted without issue, we offer the following tips.


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(2 minutes to read) When proceeding on a full reproduced record:

1. Carefully review your documents to ensure completeness. Your record should contain the following:

•CPLR 5531 Statement

•Your Notice of Appeal

•Co or Cross-Notices of Appeal, if applicable

•Judgment appealed from (Judgment Roll)

•Pleadings

•Complete, properly settled Trial Transcript

•All Exhibits entered into evidence

•Court Exhibits

•CPLR 5525(c) Notice of Settlement/Stipulation Settling Transcript, or Affirmation of Compliance

•CPLR 5532 and/or CPLR 2105

2. Make sure you account for all Notices of Appeal filed as you’re required to include these, and if so your filing would be deemed a Joint Record on Appeal. As a result, the costs related to reproducing the Joint Record on Appeal would be shared by all appealing parties.

3. Settle the trial transcript pursuant to CPLR 5525(c). Carefully review this rule because the First Department requires evidence that you’ve settled the transcript by Stipulation or by submission of an Affirmation of Compliance.

4. Do not reproduce trial exhibits that are only marked for identification. Rather, ensure that all exhibits entered into evidence are properly reproduced in your Record of Appeal.

5. If you are concerned about the completeness of your record, consider reaching out to your adversary or adversaries and stipulating, pursuant to CPLR 5532. By doing so, you may eliminate the necessity of signing a Certification pursuant to CPLR 2105.

While every Record on Appeal is different, the above five items outline the key documents required when appealing from a final judgment, and should provide you with an opportunity to submit to the clerk’s office a complete record, absent any errors or omissions.

If you have any questions related to the above, please contact one of our friendly and knowledgeable staff members.  

Eric R. Larke
APPELLATE INNOVATIONS

3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240

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(4 minutes to read)  Today, we are discussing issues that appellate practitioners experience at the Appellate Division when submitting papers, and the actions we recommend to mitigate any filing delays. Over the last 18 years, the Appellate Innovations team has filed thousands of appeals with the Appellate Division, Second Department (AD2). Outlined below are three areas of concern that arise from time to time and our suggested solutions to resolve these problems.


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