2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5525 - Preparation and Settlement of Transcript; Statement in Lieu of Transcript.

Rule 5525. Preparation and settlement of transcript; statement in lieu
of  transcript.  (a)  Preparation  of  transcript.  Where a stenographic
record of the proceedings is made, the appellant, within  the  time  for
taking  the appeal, shall serve upon the stenographic reporter a request
for a transcript of the proceedings and, unless  the  appellant  is  the
state  or any political subdivision of the state or an officer or agency
of the state or of any political subdivision of the state, shall deposit
a sum sufficient to pay the fee. As soon  as  possible  after  receiving
such  notice the reporter shall serve upon the appellant the ribbon copy
and a carbon copy of the typewritten transcript, or two  copies  of  the
transcript  if  it  is  reproduced  by  any  other  means. The appellate
division in each department may by rule applicable in the department  to
all  appeals  taken  from judgments or orders entered in the department,
provide that only  a  ribbon  copy  of  the  typewritten  transcript  be
prepared  and  provide  for  the use of such copy by the parties and the
court.
(b) Omission of part of transcript. The  parties  may  stipulate  that
only  a portion of the record be transcribed. No transcript is necessary
where a party appeals from a judgment entered upon a  referee's  report,
or  a  decision  of the court upon a trial without a jury, and he relies
only upon exceptions to rulings on questions of law made after the  case
is finally submitted.
(c)  Settlement  of transcript. 1. Within fifteen 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  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 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  to thereon by the parties or 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.
2.  If  the  appellant  has timely proposed amendments and served them
with a copy of the  transcript  on  respondent,  and  no  amendments  or
objections  are  proposed  by  the respondent within the time limited by
paragraph 1, the transcript, certified as correct by the court reporter,
together with appellant's proposed amendments, shall be  deemed  correct
without  the necessity of a stipulation by the parties certifying to its
correctness or the settlement of the transcript by the judge or referee.
The appellant shall affix to such transcript an affirmation,  certifying
to  his  compliance  with the time limitation, the service of the notice
provided  by  paragraph  3  and  the  respondent's  failure  to  propose
amendments or objections within the time prescribed.
3.  Appellant  shall  serve  on respondent together with a copy of the
transcript  and  the  proposed  amendments,  a  notice   of   settlement
containing  a  specific  reference  to subdivision (c) of this rule, and
stating that if respondent fails to  propose  amendments  or  objections
within  the  time  limited by paragraph 1, the provisions of paragraph 2
shall apply.
(d)  Statement  in  lieu  of   stenographic   transcript.   Where   no
stenographic  record  of  the proceedings is made, the appellant, within
ten days after taking his appeal,  shall  prepare  and  serve  upon  the
respondent  a  statement  of  the  proceedings  from  the best available
sources,  including  his  recollection, for use instead of a transcript.
The respondent may serve  upon  the  appellant  objections  or  proposed
amendments  to  the  statement  within  ten days after such service. The
statement, with objections or proposed amendments,  shall  be  submitted
for  settlement to the judge or referee before whom the proceedings were
had.
(e) Special  rules  prescribing  time  limitations  in  settlement  of
transcript  or  statement  in  lieu  thereof  authorized.  The appellate
division in each department may by rule  applicable  in  the  department
prescribe  other  limitations of time different from those prescribed in
subdivisions (c) and (d) for serving transcripts, or statements in  lieu
of   transcripts,   and  proposed  amendments  or  objections,  and  for
submission thereof for settlement.