I want to appeal a matter to the Appellate Division; where should I file my notice of appeal? The notice of appeal should be filed with the clerk of the court where the action was commenced (see CPLR 5515 [1]). The County Clerk is the clerk of Supreme and County Courts. A notice of appeal from a Family Court or Surrogate’s Court matter should be filed with the clerk of that court. What are the time limitations for perfecting an appeal? Civil appeals that must be perfected within six months of the date service of the notice of appeal (see 22 NYCRR 1250.9[a]). Family Court appeals in which the Court has assigned counsel must be perfected within 60 days of receipt of the transcript (see Family Ct Act § 1121 [7]). Criminal appeals in which the Court has assigned counsel must be perfected within 120 days of receipt of the transcript (see 22 NYCRR 1021.1 [a] [3]). Is my filing considered timely if it is mailed on its due date but received by the Appellate Division after the due date? No. In order to be considered timely, a filing must be physically received at the Appellate Division on or before the date it is due. By what procedure does the Court receive papers when a matter is transferred to the Appellate Division by Supreme Court? When a transfer order has been granted, that order together with all the underlying papers, including pleadings, must be filed with the County Clerk, which will thereafter transmit the papers to the Appellate Division. Assuming that all the necessary papers have been filed and transferred, the parties need not submit additional papers other than briefs as required by 22 NYCRR 1000.12. What is the fee for filing an appeal? The filing fee is $315, payable by attorney check, certified check or money order made payable to the Appellate Division, Fourth Department. There is no filing fee for criminal appeals or appeals in which the appellant has been granted permission to proceed as a poor person. Can the Clerk's Office settle a dispute I am having with opposing counsel as to what documents should be included in the stipulated or certified record on appeal? No. The parties themselves must work out any disagreement as to what documents should be included in the stipulated or certified record on appeal. If an agreement cannot be reached, a motion should be made to the trial court to settle the record (see 22 NYCRR 1000.7 [b]). May the record on appeal contain transcripts where four pages of text appear on one page? No, unless submitted in text form to the trial court (see 22 NYCRR 1250.7 [e]). The printer inadvertently omitted a page in my brief; can I just mail that page in or file replacement briefs? No. Once a brief is filed with this Court, a party must make a motion to add to, or amend, the brief. The brief I filed with the Court contains numerous misspelled words; can I just send in replacement briefs correcting the errors? Yes. Replacement briefs merely correcting typographical errors will be accepted, provided that the corrections are de minimis and are accompanied by proof of service on opposing counsel. Substantive changes to a brief must be made on motion. Can I use staples to bind my briefs? Yes. When is my reply brief due? A reply brief is due within 10 days of service (not receipt) of the respondent's brief. If the respondent's brief is served by mail, five days are added to the prescribed period (see CPLR 2103 [b] [2]). If the respondent's brief is served by overnight delivery, one day is added to the prescribed period (see CPLR 2103 [b] [6]). See https://www.nycourts.gov/courts/ad4/Clerk/perfecting/ (last accessed August 5, 2021)