THE QUICK GUIDE SERIES - Record Press

1 THE QUICK GUIDE SERIESNew York Supreme CourtAPPELLATE DIVISION THIRD DEPARTMENTR egular Mail Address:State of New York Supreme Court, Appellate Division Third Judicial Department Box 7288, Capitol Station Albany, New York 12224-0288(518) Mail/Shipping Address:State of New York Supreme Court, Appellate Division Third Judicial Department Empire State Plaza Justice Building, Room 511 Albany, New York 12223229 West 36th Street, NY, NY 10018 Tel: 212-619-4949 Fax: DIVISION THIRD DEPARTMENTA lbany, Columbia, Greene, Rensselaer, Schoharie, Sullivan, Ulster,Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Saint Lawrence, Saratoga, Schenectady, Warren, Washington,Broome, Chemung, Chenango, Cortland, Delaware, Madison, Otsego,Schuyler, Tioga and TompkinsINTRODUCTIONThis serves only as a QUICK reference GUIDE for filing Briefs, Recordson Appeal, and Appendices for civil appeals.

2 THE QUICK GUIDE SERIESout-lines procedures on how documents should be sequenced, paginated,indexed, titled, printed and bound. In addition, it contains formattingrequirements for briefs as well as information on service and filingdeadlines. Please call Record Press for clarification, and our expertstaff of attorneys and paralegals will assist you. For a comprehensivereference, consult the actual rules of the court. The rules of theAppellate Division Third Department cited herein appear in the New York Supreme Court Rules, Article 3, For generalappellate procedures, also consult the Civil Practice Law and Rules, 5501-5532, 5601-5615, 5701-5713 and 2013 Natasha Monell Arez, Press CounseliOUR COMPANYE stablished in 1945, Record Press has earned an excellent reputationproviding the legal community with highly skilled and efficient para-legal, typographic.

3 Digital printing and binding services. We offer anunparalleled degree of appellate service to clients whose list includesthe highest courts and the most prestigious law firms in the UnitedStates. The unique combination of our experience and state-of-the-arttechnology allow us to handle the most complex of cases in a highlyefficient printing facilities are digitized. We use our customized softwareto scan, process, compress, and store legal documents cutting-edge technology allows for fast editing, pagination, clearreproduction, and portability.

4 An entire appellate filing can be down-loaded onto a CD-ROM. The Record /appendix and cases can be hyper-linked to the briefs for easy cross-referencing. State and federal courtsare increasingly using our convenient CD-BRIEF additional information on services we provide to benefit yourlegal practice, visit our Website at copies of THE QUICK GUIDE SERIES please contact our Sales YORK SUPREME COURTA ppellate Division First DepartmentAppellate Division Second DepartmentAppellate Division Third DepartmentAppellate Division Fourth DepartmentAppellate Term First DepartmentAppellate Term Second DepartmentNEW YORK STATECOURT OF APPEALSUNITED STATES COURT OF APPEALSF irst CircuitEighth CircuitSecond CircuitNinth CircuitThird CircuitTenth CircuitFourth CircuitEleventh CircuitFifth CircuitFederal CircuitSixth

5 CircuitDistrict ofSeventh CircuitColumbia CircuitUNITED STATES SUPREME COURTTHE QUICK GUIDE SERIESTABLE OF OF THE NOTICE OF to Take an OF and Settlement of THE OR Record v. Appendix for a Record or of a Record on Contents of an PURSUANT TO CPLR for s s AND COURT THE NOTICE OF APPEALCPLR5513 Time to Take AppealThe Notice of Appeal or Motion for Leave to Appeal shall be filedwithin 30 days after service of a copy of the Order or Judgment withNotice of Entry.

6 The Notice of Cross-Appeal shall be filed within10 days after service of the first Notice of Appeal. Taking an AppealThe Notice of Appeal is filed with the Clerk of the Court of originalinstance. It is the responsibility of the Clerk to transmit the Noticeof Appeal to the appropriate department of the Appellate :1 original and 2 copiesNotice of Appeal, Pre-Calendar StatementOrder or Judgment Appealed From with Noticeof Entry, Proof of ServiceServe:1 copyFiling fee:$65 Pre-Calendar title of the underlying action or proceeding and the dateof full names of the original parties and any change in names, addresses, telephone and facsimile numbers ofcounsel for Appellant and Court, Judge or Justice, and county from which theappeal is taken, together with the index number and therequest for judicial intervention (RJI)

7 Specific nature and object of the underlying action clear and concise statement of the issues to be raised onthe appeal, the grounds for reversal or modification, and thespecific relief sought on the there is another appeal or related action or pro-ceeding, briefly describing OF PROCEEDINGS (c) Preparation and Settlement of TranscriptIt is the Appellant s duty to serve upon the Court Reporter a Requestfor a Transcript of the Proceedings. Within 15 days after receiving thetranscript from the Court Reporter, the Appellant shall make any pro-posed amendments and serve them with a Notice of Settlement and acopy of the transcript upon the Respondent.

8 Within 15 days after suchservice, the Respondent shall make any proposed amendments orobjections to the proposed amendments of the Appellant and servethem upon the Appellant. The original transcript shall be corrected bythe to CPLR 5525(c), the Appellant shall include on perfectingthe appeal, either a Stipulation Settling the Transcript or Order Settlingthe Transcript at the end of the Record on THE APPEALThe date of the Notice of Appeal or the date of entry of an OrderGranting Leave to Appeal determines the date by which the appeal mustbe perfected.

9 An appeal is said to be perfected when the Record andAppellant s Brief are collectively filed. When is my Record due? Pursuant to (a), the Record onAppeal shall be filed within 60 days from the date of service of theNotice of Appeal. However, further states that an appeal shallbe deemed abandoned unless perfected within nine monthsfrom thedate of the Notice of Appeal. The majority of appeals are perfected onthe 9 month rule. Opposing counsel may move to dismiss the appealbased on the 60 day rule.

10 However, it is our experience that thesemotions are rarely, if ever, granted, and usually an Order is issued thatputs the Appellant under order to perfect by a specific to (b) and (c), the Clerk shall mail to each Respondenta scheduling memorandum which shall require Respondent to serve andfile Respondent s Brief within 45 days from the date of the schedulingmemorandumor within such shorter time as the scheduling memoran-dum may direct. Appellant s Reply Brief shall be filed within 10 daysafter service of Respondent s to (e), in the case of cross-appeals, unless otherwisedirected by order of the Court made pursuant to a motion on notice, thePlaintiff shall be Appellant.