§ 5525 — Preparation and settlement of transcript; statement in lieu of transcript

New York § 5525

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 55: Appeals Generally

Text

Rule 5525. Preparation and settlement of transcript; statement in lieu\nof transcript. (a) Preparation of transcript. Where a stenographic\nrecord of the proceedings is made, the appellant, within the time for\ntaking the appeal, shall serve upon the stenographic reporter a request\nfor a transcript of the proceedings and, unless the appellant is the\nstate or any political subdivision of the state or an officer or agency\nof the state or of any political subdivision of the state, shall deposit\na sum sufficient to pay the fee. As soon as possible after receiving\nsuch notice the reporter shall serve upon the appellant the ribbon copy\nand a carbon copy of the typewritten transcript, or two copies of the\ntranscript if it is reproduced by any other means. The appellate\ndivision in each department may by rule applicable in the department to\nall appeals taken from judgments or orders entered in the department,\nprovide that only a ribbon copy of the typewritten transcript be\nprepared and provide for the use of such copy by the parties and the\ncourt.\n (b) Omission of part of transcript. The parties may stipulate that\nonly a portion of the record be transcribed. No transcript is necessary\nwhere a party appeals from a judgment entered upon a referee's report,\nor a decision of the court upon a trial without a jury, and he relies\nonly upon exceptions to rulings on questions of law made after the case\nis finally submitted.\n (c) Settlement of transcript. 1. Within fifteen days after receiving\nthe transcript from the court reporter or from any other source, the\nappellant shall make any proposed amendments and serve them and a copy\nof the transcript upon the respondent. Within fifteen days after such\nservice the respondent shall make any proposed amendments or objections\nto the proposed amendments of the appellant and serve them upon the\nappellant. At any time thereafter and on at least four days' notice to\nthe adverse party, the transcript and the proposed amendments and\nobjections thereto shall be submitted for settlement to the judge or\nreferee before whom the proceedings were had if the parties cannot agree\non the amendments to the transcript. The original of the transcript\nshall be corrected by the appellant in accordance with the agreement of\nthe parties or the direction of the court and its correctness shall be\ncertified to thereon by the parties or the judge or referee before whom\nthe proceedings were had. When he serves his brief upon the respondent\nthe appellant shall also serve a conformed copy of the transcript or\ndeposit it in the office of the clerk of the court of original instance\nwho shall make it available to respondent.\n 2. If the appellant has timely proposed amendments and served them\nwith a copy of the transcript on respondent, and no amendments or\nobjections are proposed by the respondent within the time limited by\nparagraph 1, the transcript, certified as correct by the court reporter,\ntogether with appellant's proposed amendments, shall be deemed correct\nwithout the necessity of a stipulation by the parties certifying to its\ncorrectness or the settlement of the transcript by the judge or referee.\nThe appellant shall affix to such transcript an affirmation, certifying\nto his compliance with the time limitation, the service of the notice\nprovided by paragraph 3 and the respondent's failure to propose\namendments or objections within the time prescribed.\n 3. Appellant shall serve on respondent together with a copy of the\ntranscript and the proposed amendments, a notice of settlement\ncontaining a specific reference to subdivision (c) of this rule, and\nstating that if respondent fails to propose amendments or objections\nwithin the time limited by paragraph 1, the provisions of paragraph 2\nshall apply.\n (d) Statement in lieu of stenographic transcript. Where no\nstenographic record of the proceedings is made, the appellant, within\nten days after taking his appeal, shall prepare and serve upon the\nrespondent a statement of the proceedings from the best available\nsources, including his recollection, for use instead of a transcript.\nThe respondent may serve upon the appellant objections or proposed\namendments to the statement within ten days after such service. The\nstatement, with objections or proposed amendments, shall be submitted\nfor settlement to the judge or referee before whom the proceedings were\nhad.\n (e) Special rules prescribing time limitations in settlement of\ntranscript or statement in lieu thereof authorized. The appellate\ndivision in each department may by rule applicable in the department\nprescribe other limitations of time different from those prescribed in\nsubdivisions (c) and (d) for serving transcripts, or statements in lieu\nof transcripts, and proposed amendments or objections, and for\nsubmission thereof for settlement.\n