31 Dec 5 Helpful Tips to Ensure a Smooth Filing in the Appellate Term, First Department.
(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.
- Carefully review and assemble the record on appeal to ensure all documents that serve as the scope of appellate review are properly reproduced and in the proper format in your record. (See 22 NYCRR §640.2 and CPLR 5529)
- If your appeal contains a trial transcript, settle the transcript by serving a copy upon your adversary or adversaries, pursuant to CPLR 5525(c). Know that this must be completed within 15 days of receipt of the transcript, either from the court reporter or your adversary. Failure to properly settle your transcript will, in our experience, result in the clerk not issuing the Clerk’s Return, which would prevent you from filing your appeal at AT1.
- Carefully review your documents to ensure legibility. Most importantly, should the order being appealed from contain handwritten information, this must appear on a separate page, clearly typed out for the court’s review.
- Obtain a Clerk’s Return from the lower court prior to submission to the Appellate Term. The AT clerk will not accept an appeal for filing without an attached Clerk’s Return (22 NYCRR §640.2(a). Know that 22 NYCRR §640.6 indicates: “The appellant shall procure the clerk’s return pursuant to section 1704 of the New York City Civil Court Act within 30 days after filing of the notice of appeal.” Make sure you adhere to this timing requirement.
- Make sure your exhibits are properly identified. Each exhibit, or copies, shall have a notation (page heading) as to the page in the transcript where it was admitted into evidence. (22 NYCRR §640.4)
Hopefully, these tips will help you avoid any issues upon submission. Moreover, a complete, accurate, organized record on appeal should provide the Court an opportunity to complete a concise and proper appellate review. Should you have any questions related to this information, 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