Articles Posted in Appeals FAQs

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263 Post Depositphotos_2510286_XS.jpgCHECKLIST FOR CRIMINAL APPEALS:

Step 80: 800.14(g): Where Only Sentence in Issue:
“When the sole question raised on appeal concerns the legality, propriety or excessiveness of the sentence imposed, the appeal may be heard upon a shortened record on appeal consisting of the notice of appeal, sentencing minutes and minutes of the plea, if appellant pleaded guilty. The record, which shall be clearly labeled “Record on Appeal from Sentence”, shall contain a statement pursuant to CPLR 5531 and shall be stipulated to or settled in the manner provided in section 800.7(b) of this Part. The appeal shall be prosecuted, and may be scheduled for oral argument or submission, in the manner provided in subdivision (b) of this section. A copy of the presentence investigation report shall be filed with the clerk.”

Step 81: 800.14(h): Expedited Criminal Appeal of Order Reducing Indictment or Dismissing Indictment and Directing Filing of Prosecutor’s Information:
[For the most part, this step can almost always be skipped as it rarely pertains to most criminal appeals.]
Go to 800.14(i).
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Step 73: 800.9(b): Respondent’s Brief:
“After the record on appeal and appellant’s brief, or brief and appendix, have been accepted for filing, the clerk shall mail to each respondent a scheduling memorandum which shall require respondent to serve and file respondent’s brief within 45 days from the date of the memorandum or within such shorter time as the memorandum may direct.”

“Each respondent shall file the same number of copies of respondent’s brief as appellant shall have filed, with proof of service of two [2] copies upon each appellant.”

“Upon any appeal in which an attorney for the child appears for a non-appellant child, the provisions of this subdivision regarding mailing of the scheduling memorandum and filing of respondent’s brief shall also apply to include the attorney for the child.” Go to 800.14(c).
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Step 73: 800.9(b): Respondent’s Brief:
“After the record on appeal and appellant’s brief, or brief and appendix, have been accepted for filing, the clerk shall mail to each respondent a scheduling memorandum which shall require respondent to serve and file respondent’s brief within 45 days from the date of the memorandum or within such shorter time as the memorandum may direct.”

“Each respondent shall file the same number of copies of respondent’s brief as appellant shall have filed, with proof of service of two [2] copies upon each appellant.”

“Upon any appeal in which an attorney for the child appears for a non-appellant child, the provisions of this subdivision regarding mailing of the scheduling memorandum and filing of respondent’s brief shall also apply to include the attorney for the child.” Go to 800.14(c).
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Step 63: CPLR 5528(b): Respondent’s Brief and Appendix:
“(b) Respondent’s brief and appendix.”

“The brief of the respondent shall conform to the requirements of subdivision (a), except that a counterstatement of the questions involved or a counterstatement of the nature and facts of the case shall be included only if the respondent disagrees with the statement of the appellant and the appendix shall contain only such additional parts of the record as are necessary to consider the questions involved.”

Step 64: CPLR 5528(c): Appellant’s Reply Brief and Appendix:
“(c) Appellant’s reply brief and appendix.”

“Any reply brief of the appellant shall conform to the requirements of subdivision (a) without repetition.”
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252 Post Depositphotos_2510286_XS.jpgCHECKLIST FOR CRIMINAL APPEALS:

Step 56: 800.4(c): Appeals by Indigent Parties:
“An appeal in a criminal case, or in a civil case by a person who has been granted permission by this court to proceed as a poor person, may be prosecuted by the appendix method authorized by subdivision (b) of this section.”

“Appellant shall file seven [7] copies of a typewritten brief and appendix with proof of service of one [1] copy upon each adversary.”

“Respondent may likewise file seven [7] copies of a brief with proof of service of one [1] copy upon each adversary.”

“The clerk of the court from which the appeal is taken, after service upon him of a copy of the decision of this court, shall furnish without charge to a person granted permission to proceed as a poor person one [1] copy of the stenographic transcript of trial or hearing minutes and one [1] copy of any other paper or document on file in his office which is material and relevant to the appeal.”

“In criminal and family court cases, the court may, where such is necessary for perfection of the appeal, direct the clerk of the court to send a copy of the stenographic transcript of trial or hearing minutes on file in his office to the clerk of this court, who shall attach it to the single copy record [on appeal] upon which the appeal shall be prosecuted.” Go back to 800.14(a).
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Step 50: CPLR 5529(e): Citations of Decisions:
“(e) Citations of decisions.”

“New York decisions shall be cited from the official reports, if any.”

“All other decisions shall be cited from the official reports, if any, and also from the National Reporter System if they are there reported.”

“Decisions not reported officially or in the National Reporter System shall be cited from the most available source.”

Step 51: CPLR 5529(f): Questions and Answers:
“(f) Questions and answers.”

“The answer to a question in the appendix shall not begin a new paragraph.” Go back to 800.8(b).
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Step 42: 800.4(b): Appendix Method:
“… with proof of service of a copy upon each adverse party or, in lieu thereof, appellant may file with the clerk proof of service of a notice upon each adverse party that the single copy of the record [on appeal] has been filed in the office of the clerk of this court.”

“In the alternative, when serving appellant’s brief, appellant may serve the single copy of the record [on appeal] upon respondent and shall so state in an affidavit of service.”

“A respondent upon whom the single copy of the record [on appeal] has been served shall file the record [on appeal] with the clerk of this court within 30 days from the date of its service upon him.”

“When there are two [2] or more adverse parties, appellant shall obtain instructions from the clerk for use of a single record [on appeal] by respondents and its filing with the clerk.”

“Appellant’s or petitioner’s brief shall contain an appendix in compliance with section 800.8(b) of this Part.” Go to 800.8(b).
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Step 33: 800.7(a)(1): Certification of Record:
“(a) Reproduced Full Record [on Appeal].”

“A reproduced full record [on appeal] shall be certified either by:
(1) a certificate of appellant’s or petitioner’s attorney pursuant to CPLR 2105; …” Go to CPLR 2105.

Step 34: CPLR 2105: Certification by Attorney:
“Where a certified copy of a paper is required by law, an attorney admitted to practice in the courts of the state may certify that it has been compared by him with the original and found to be a true and complete copy.”

“Such certificate, when subscribed by an attorney, has the same effect as if made by a clerk.” Go back to 800.7(a)(2).
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Step 28: CPLR 5525(c)(1): Proposed Amendments to Transcript:
“1. Within fifteen [15] days after receiving the transcript from the court reporter or from any other source, the appellant shall make any proposed amendments and serve them and a copy of the transcript upon the respondent.”

“Within fifteen [15] days after such service the respondent shall make any proposed amendments or objections to the proposed amendments of the appellant and serve them upon the appellant.”

“At any time thereafter and on at least four [4] days’ notice to the adverse party, the transcript and the proposed amendments and objections thereto shall be submitted for settlement to the judge or referee before whom the proceedings were had if the parties cannot agree on the amendments to the transcript.”

“The original of the transcript shall be corrected by the appellant in accordance with the agreement of the parties or the direction of the court and its correctness shall be certified thereon by the parties of the judge or referee before whom the proceedings were had.”

“When he serves his brief upon the respondent the appellant shall also serve a conformed copy of the transcript or deposit it in the office of the clerk of the court of original instance who shall make it available to respondent.”
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Step 15: 800.5(a)(2): Table of Contents [of Record on Appeal]:
(2) a table of contents which shall list and briefly describe each paper included in the record [on appeal], each witness’ testimony and each transcript.”

“The part relating to a transcript of testimony shall separately state as to each witness the page at which the direct, cross, redirect and recross examination begins.”

“The part relating to exhibits shall briefly describe each exhibit and shall indicate the page where offered or admitted in evidence and whether the exhibit has been omitted from the record;

Step 16: 800.5(a)(3): Statement Pursuant to CPLR 5531:
(3) a statement pursuant to CPLR 5531; …” Go to CPLR 5531.
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