New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.10-b - Form and content of records and appendices

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) Format. Records and
						  appendices shall contain accurate reproductions of the papers submitted to the
						  court of original instance, formatted in accordance with the practice in that
						  court, except as otherwise provided in subdivision (d) of this section.
						  Reproductions may be slightly reduced in size to fit the page and to
						  accommodate the page headings required by CPLR 5529(c), provided, however, that
						  such reduction does not significantly impair readability.
(b) Reproduced full record.
						  The reproduced full record shall be bound separately from the brief, shall
						  contain the items set forth in CPLR 5526, and shall contain in the following
						  order so much of the following items as shall be applicable to the particular
						  cause:
(1) a cover which shall
						  contain the title of the action or proceeding on the upper portion and, on the
						  lower portion, the names, addresses, and telephone numbers of the attorneys,
						  the county clerk's index or file number, and the indictment number;
(2) the statement required by
						  CPLR 5531;
(3) a
						  table of contents which shall list and briefly describe each paper included in
						  the record. The part of the table relating to the transcript of testimony shall
						  separately list each witness and the page at which direct, cross, redirect and
						  recross examinations begin. The part of the table relating to exhibits shall
						  concisely indicate the nature or contents of each exhibit and the page in the
						  record where it is reproduced and where it is admitted into evidence. The table
						  shall also contain references to pages where a motion to dismiss the complaint
						  or to direct or set aside a verdict or where an oral decision of the court
						  appears;
(4) the
						  notice of appeal or order of transfer, judgment or order appealed from,
						  judgment roll, corrected transcript or statement in lieu thereof, relevant
						  exhibits and any opinion or decision in the cause;
(5) an affirmation,
						  stipulation or order, settling the transcript pursuant to CPLR 5525;
(6) a stipulation or order
						  dispensing with reproducing exhibits;
(i) exhibits which are relevant to a
						  cause may be omitted upon a stipulation of the parties which shall contain a
						  list of the exhibits omitted and a brief description of each exhibit or, if a
						  party unreasonably refuses to so stipulate, upon motion directed to the court.
						  Exhibits thus omitted, unless of a bulky or dangerous nature, shall be filed
						  with the clerk at the same time that the appellant's brief is filed. Exhibits
						  of a bulky or dangerous nature (cartons, file drawers, ledgers, machinery,
						  narcotics, weapons, etc.) thus omitted need not be filed but shall be kept in
						  readiness and delivered to the court on telephone notice. A letter, indicating
						  that a copy has been sent to the adversary, listing such exhibits and stating
						  that they will be available on telephone notice, shall be filed with the clerk
						  at the same time that the appellant's brief is filed;
(ii) exhibits which are not
						  relevant to a cause may be omitted upon stipulation of the parties which shall
						  contain a list of the exhibits omitted, a brief description of each exhibit,
						  and a statement that the exhibits will not be relied upon or cited in the
						  briefs of the parties. If a party unreasonably refuses to so stipulate, a
						  motion to omit the exhibits may be directed to the court. Such exhibits need
						  not be filed; and
(7) the appropriate certification or
						  stipulation pursuant to subdivision (f) of this section.