08 Dec 5 Key Considerations When Perfecting an Appeal in AD1 From a Judgment After Trial
(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)
•Complete, properly settled Trial Transcript
•All Exhibits entered into evidence
•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
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240