§ 1704 — Settlement of case and return on appeal

New York § 1704

• Jurisdiction: New York
• Law UJC: Uniform Justice Court Act
• Art. 17: Appeals

Text

§ 1704. Settlement of case and return on appeal.\n (a) 1. When an appeal has been taken, the stenographer's original\ntranscript of minutes, if such minutes were taken, must be furnished to\nthe clerk within ten days after the fees therefor have been paid. If\ntestimony was given but stenographic minutes were not taken, the clerk\nshall prepare minutes of the proceedings within thirty days after the\nfiling of the notice of appeal, such minutes to consist of a statement\nsufficiently descriptive of the testimony to make possible appellate\nreview. Immediately upon receipt or preparation of the minutes, the\nclerk shall cause notice of that fact to be sent to the attorney for the\nappellant, or to the appellant if he or she has not appeared by\nattorney. If the clerk has prepared the minutes, he or she also shall\ncause copies thereof to be served upon the attorneys for the appellant\nand the respondent, or upon the appellant and the respondent if they do\nnot appear by attorney.\n 2. (i) If minutes were taken by a stenographer, within fifteen days of\nreceipt of a copy of the stenographic transcript of the minutes, the\nappellant or the appellant's attorney shall make any proposed amendments\nand cause them to be served, together with a copy of the transcript, on\nthe attorney for the respondent, or on the respondent if he or she has\nnot appeared by attorney. Within fifteen days after receipt of such\nservice, the respondent or the respondent's attorney shall make any\nobjections to the amendments proposed by the appellant and make such\nfurther proposed amendments to the transcript as are deemed necessary,\nand cause them to be served on the attorney for the appellant, or on the\nappellant if he or she has not appeared by attorney.\n (ii) If the clerk prepared the minutes, within fifteen days after the\ndate of receipt of a copy of such minutes, the attorneys for the\nappellant and the respondent, or the appellant and the respondent if\nthey have not appeared by attorney, shall forward to the court any\nproposed amendments to the minutes.\n 3. The appellant or his or her attorney shall then procure the case to\nbe settled on a written notice of at least four days to the clerk and to\nthe attorney for the respondent or to the respondent if he or she has\nnot appeared by attorney, returnable before the justice who tried the\ncase. The clerk shall thereupon prepare a return, which shall contain\nthe summons or notice of petition, pleadings, evidence, judgment or\norder, notice of appeal, opinion of the court, if any, and all other\npapers necessary for appellate review of the judgment or order appealed\nfrom. Within five days after the return day of the notice to settle the\ncase, the justice shall settle the same and indorse his or her\nsettlement on the return. In lieu of the justice settling the case and\nindorsing his or her settlement on the return, the parties may stipulate\nthat the transcript (or the minutes prepared by the clerk, if\nappropriate) together with the proposed amendments, if any, and all\nother elements of the return are correct. The clerk shall thereupon\ncause the return to be filed with the clerk of the appellate court.\n (b) Where no testimony was taken, the return shall be filed with the\nclerk of the appellate court within ten days after the filing of the\nnotice of appeal. Such return shall consist of the same papers and\nproceedings specified in subdivision (a), except for the minutes therein\ndescribed. The authenticity of such papers shall be certified by the\nclerk.\n (c) Upon an appeal from an order granting or denying a motion for a\nnew trial upon the ground of fraud or newly discovered evidence, the\nminutes of the trial, as described in subdivision (a), shall be included\nin the return and the provisions of that subdivision shall apply to such\nan appeal.\n