N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1000.7 - Form and Content of Records and Appendices; Exhibits

(a) Proof of filing and service of notice of appeal. All records and appendices shall contain the notice of appeal with proof of service and filing.

(b) Certification of record or appendix. An original record shall be certified either by:

(1) a certificate of the appellant's attorney pursuant to CPLR 2105;

(2) a certificate of the proper clerk; or

(3) a stipulation in lieu of certification pursuant to CPLR 5532 or, if the parties are unable to stipulate, an order settling the record. Any dispute over a certification of the record or appendix pursuant to 22 NYCRR 1250.7 (g) or this subdivision, or the contents of a record or appendix so certified, shall be directed to the court from which the appeal is taken.

(c) Failure to list document. In a criminal matter, the failure of the parties to list in the stipulation to the record on appeal any transcript, exhibit or other document that constituted a part of the underlying prosecution shall not preclude the Court from considering such transcript, exhibit, or other document in determining the appeal.

(d) Appendices - criminal appeals. Pursuant to 22 NYCRR 1250.7 (d) (3), in a criminal matter, when permission to proceed as a poor person has been granted, the appendix to be filed and served by the appellant shall contain, in the following order: the description of the action required by CPLR 5531; a copy of the notice of appeal with proof of service and filing; a copy of the certificate of conviction and the judgment from which the appeal is taken; a copy of the indictment, superior court information or other accusatory instrument; all motion papers, affidavits and, to the extent practicable, written and photographic exhibits relevant and necessary to the determination of the appeal; a copy of any prior order entered by the trial court affecting the appeal, including but not limited to an order that grants a stay; and, pursuant to 22 NYCRR 1250.7 (g), the stipulation of the parties or their attorneys to the correctness of the record, the order settling the record, the certificate of the appellant's attorney pursuant to CPLR 2105, or the certificate of the proper clerk.

(e) Demand for exhibits. Absent a stipulation of the parties pursuant to 22 NYCRR 1250.7 (c) or 1250.11 (c), all original exhibits shall be submitted to the Court. Upon perfecting an appeal, an appellant shall file the original exhibits or, when the exhibits are in the control of a respondent or a third party, a five-day written demand for the exhibits or a subpoena duces tecum for the exhibits issued in accordance with CPLR article 23, with proof of service thereof. The failure of a respondent to comply with a five-day demand may result in sanctions pursuant to 22 NYCRR 1250.1 (h).

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1000.7