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    • Extension of time to perfect appeal
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    • Stay of Enforcement of Order or Judgment Pending Appeal
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    • Instructions to Perfect an Appeal in the Third Department
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    • Standards of Appellate Review in Matrimonial Actions
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    • Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
    • Mandatory Electronic filing (e-filing): First Department
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    • Modification of Maintenance and Child Support Orders and Judgments
    • Orders of Protection
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    • Spousal Support Awards
    • Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
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 Instructions to Perfect an Appeal in the Third Department

INSTRUCTIONS FOR A PRO SE APPELLANT TO PERFECT A CIVIL APPEAL

Complete copies of the rules governing appellate practice referred to throughout these instructions can be found on the court's website.

GETTING STARTED:
In order to perfect an appeal to this Court, the following steps must be taken:
- The order or judgment being appealed from must be entered in the proper Clerk's Office. In most instances, entry is a task completed by the prevailing party who then must serve a copy of the order/judgment with notice of entry.
- Once you receive the order/judgment with notice of entry, you have 30 days to file a Notice of Appeal and Initial Informational Statement with the court of original instance (i.e., the court where the case began). A copy of those two documents must also be sent to the attorney for all parties involved or the parties themselves, should they be pro se. It is also helpful if you keep a copy for your personal records.
A sample Notice of Appeal and a sample Initial Informational Statement
appear on the Court's website for your convenience.
- Once the Notice of Appeal is filed, you have six months from the date on the document to perfect the appeal (see Rule 1250.9 [a]). Also, the rules contain a provision by which the six-month period to perfect your appeal may be extended (see Rule 1250.9 [b]).

PERFECTING AN APPEAL:
To perfect the appeal, the appellant must provide the court with an original and six hard copies of a stipulated Record on Appeal and a signed original and six copies of an Appellant's Brief. In the alternative, an appellant may file a single copy of a stipulated Record on Appeal and a signed original and six copies of an appellant's brief and appendix. Please note, one of your six copies of each document should be unbound while the other five copies should be securely fastened on the left-hand side. The particulars relevant to these steps are discussed in detail below. A filing fee of $315 (bank check or money order payable to "State of New York") is also required.

THE RECORD ON APPEAL MUST CONTAIN THE FOLLOWING DOCUMENTS:
• A Cover Page
• A Table of Contents
• A CPLR 5531 Statement
• A copy of the judgment or order being appealed
• All of the papers that were before the lower-court judge when he or she rendered the judgment or order being appealed. Many judges list the papers they considered on the last page of the order and this will serve as a helpful guide when compiling your record.
Once you have completed your Record on Appeal, you must send a copy to the respondent's attorney and ask them to stipulate to its correctness. Once they have signed the Stipulation as to the Correctness of the Record, then you proceed to make the necessary copies. The signed Stipulation will serve as the last page of your Record on Appeal.

THE APPELLANT'S BRIEF MUST CONTAIN THE FOLLOWING DOCUMENTS:
• A Cover Page
• A Table of Contents
• Statement of Facts
• Questions Presented
• Points of Argument
• Conclusion - which must be signed
• A Printing Specifications Statement

BRIEF FORMAT:
• Handwritten or Typed (Times New Roman 14-point font)
• If typed: Times New Roman, 14-point font, double spaced, one-inch margins, 14,000 word maximum
• Pages must be numbered in a single consecutive series
• Any cites in the brief must be to page numbers of the Record on Appeal (as well as the Appendix where one is used).
Appellant's Brief is the document that will contain your legal argument and will point to the pages of the Record on Appeal and/or the Appendix that support the argument.

FILING & SERVING THE RECORD ON APPEAL & BRIEF:
As mentioned above, a total of seven copies of a Stipulated Record on Appeal and Appellant's Brief must be sent to this Court (see Rule 1250.9 [a]). Pursuant to rule 1250.10 (a) of the Statewide Appellate Practice, these documents must be served and filed within six months of the date on the Notice of Appeal. The Record on Appeal and briefs should be mailed as follows:
Original + Six Copies: Appellate Division, Third Department
P.O. Box 7288, Capitol Station
Albany, New York 12224-0288
One Copy: ALL parties listed on the lower-court's decision
Please be advised that written proof of mailing or personal delivery is required. Such proof can be provided by completing an "Affidavit of Service of Mailing" or an "Affidavit of Personal Service," which should then be sent to the court.
Also, the rules contain a provision by which the six-month period to perfect your appeal may be extended (see Rule 1250.9 [b]).
Please remember, we are a review Court and can only consider those documents that were before the lower court. This court cannot see any new evidence or review any papers that were not before the lower-court judge when the decision was rendered.

WHAT TO EXPECT AFTER THE FILING OF AN APPELLANT'S BRIEF:
After the appellant's submissions have been served, all respondents have 30 days within which to file their responsive briefs (see Rule 1250.9 [c]). Similar to the extensions available to an appellant in need of additional time to perfect their appeals, the rules contain a provision by which respondents may extend their time to file their responsive briefs (see Rule 1250.9 [g]). Within ten days of service of respondent's brief, the appellant may but is not required to file an original and six copies of a reply brief with proof of service upon all parties.
Oral argument is permitted and should be requested on the cover of Appellant's Brief. If oral argument time is not requested, the appeal will be submitted to the Court on all the papers filed. When the Court's decision and order is rendered, a copy will be made available on the Court's website. Decisions are available each Thursday by noon.
If the outcome of this Court's decision is not in the favor of the appellant, a further appeal to the Court of Appeals may be taken only by permission except as provided in CPLR 5601. Written application must be made either to this Court or directly to the Court of Appeals within 30 days from service of Notice of Entry of this Court's decision and order upon appellant.

PLEASE BE ADVISED:
Please take note that the Court's written decision, which may set forth the facts of your case, is a public document and will be posted to the Court's website on the day it is released. Because it will appear on the internet, you should be aware that it is searchable and may be viewed by anyone.
We hope that you find these instructions helpful. If you require any additional information, please feel free to call the Clerk's Office at (518) 471-4777.

Docket No. _______ 10 minutes oral argument requested
Or To be Submitted
STATE OF NEW YORK SUPREME COURT
APPELLATE DIVISION THIRD DEPARTMENT
JOHN SMITH,
Appellant,
v. Index No.:
JANE DOE,
Respondent,
APPELLANT'S BRIEF
______________________
(Name)
______________________
______________________
______________________
(Address)
_____________________
(Telephone)
APPELLANT'S BRIEF
TABLE OF CONTENTS
Page No.
I. Table of Authorities…………………………………………….
II. Preliminary Statement..................................................................
III. Questions Presented .....................................................................
A concise statement, not exceeding two pages, of the questions involved
without names, dates, amounts or particulars. Each question shall be
numbered, set forth separately and followed immediately by the
answer, if any.
IV. Statement of Facts ........................................................................
A concise statement of the nature of the case and the facts which should
be known to determine the questions involved. The Statement of Facts
should be accurate, concise, comprehensive and organized in such a way
that the issues will be easily understood, with supporting references
to pages of the Record on Appeal or the appendix.
V. Argument ......................................................................................
Appellant's argument, divided into points by appropriate headings
(and subheadings if desired).
a. POINT I - (Identify)..........................................................
b. POINT II - (Identify)..........................................................
VI. Conclusion .....................................................................................
Appellant must sign the conclusion page.
*** Use this outline as a guide to assist you in the composition of the brief***

STATE OF NEW YORK SUPREME COURT
APPELLATE DIVISION THIRD DEPARTMENT
JOHN SMITH,
Appellant,
v. Index No.:
JANE DOE,
Respondent,
Preliminary Statement:
Here, provide a brief summary of the history of the matter including information
such as the date of the decision being appealed and what the trial court determined in that decision.
1. Questions Presented:
State the questions which this Court must decide.
2. Statement of Facts:
State the facts which are relevant to the issue presented. Reference documents from the Record on Appeal to support any statements.
3. Points of Argument:
Here state the appellant's points of argument in which the trial court may have erred in its decision.
4. Conclusion:
Briefly state why the trial court's decision should be reversed. Define precisely the relief and corrective action sought by the appellant.
*You must sign brief in accordance with the Rules of the Chief Administrator (see 22 NYCRR 130.1.1-a). When filing your brief, one copy must contain your original signature, the other copies should be a copy of your signature. Your brief must also contain references to the page numbers of your Record on Appeal and/or Appendix (see CPLR 5528 [a] [3]).

AFFIDAVIT OF SERVICE OF MAILING

​STATE OF NEW YORK )
COUNTY OF __________ ) ss.:
, being duly sworn, says:
On the ________ day of _______________ , 20 , I served a true copy of the annexed notice of motion and supporting affidavit by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known addressee(s) as indicated below.
***Below fill-in the name[s] and address[es] of the person[s] to whom you are mailing the papers being filed with this court. If necessary, attach extra pages for additional names and addresses.
NAME & ADDRESS
_______________________________
(Signature)
__________________________________
(Print name)
Sworn to before me this _________
day of_______________, _______.
____________________________
(Notary Public)
*Revised April 23, 2019
(See https://www.nycourts.gov/ad3/Forms/CIVIL%20Instructions%20for%20Perfecting%20a%20Civil%20Appeal.pdf (Last accessed July 13, 2021)

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  • Appeals to the Appellate Divison
    • Instructions for taking an Appeal to the Appellate Division
    • Who is served with the notice of appeal?
    • Registration and Consent to Efiling by Respondents Within 20 days of being served the notification of docket number
    • Preserving the Right to Appeal
    • Appellate Division is Single Statewide Court
    • Appeals to the Appellate Division as of Right from the Supreme Court
    • Permissible Appellant—“Aggrieved party” and Mootness doctrine
    • Permissible Appellant - Appealable Judgment or Order
    • Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
    • Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
    • Appeals : Fundamental and Harmless Error
    • Appeals : Matrimonial Presumptions and the Burden of Proof
    • Appeals : Stare Decisis, Precedent and Dicta
    • Appeals : Understanding the Support Magistrate Objection Process
    • Appeals to the Appellate Division from Family Court
    • Perfecting the Appeal to the Appellate Division - Methods
    • Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
    • Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
    • Method of Settlement of the Transcript
    • Appeals to Appellate Division from Supreme Court by permission
    • Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
    • ​Form of Briefs and Appendices - CPLR
    • What must be in the Reproduced Full Record
    • What is the Judgment-roll?
    • What must be in the Appendix.
    • What must be in Briefs
    • Time, number and manner of filing of records, appendices and briefs
    • Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
    • Extension of time to perfect appeal
    • Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
    • First Department Requirement of note of issue
    • Stay of Enforcement of Order or Judgment Pending Appeal
    • Practice in the Appellate Division: What Laws Govern
    • Practice Rules of the Appellate Divison: Joint & Local Rules
    • Practice in the Appellate Division First Department New and Amended Local Rules June 25, 2021
    • Practice in the Appellate Division, First Department, Frequently asked questions
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    • Practice in the Appellate Divison: Motions in the Second Department
    • Practice in the Appellate Division: Motions in the Third Department
    • Practice In The Appellate Division:Motions in the Fourth Department
    • Instructions for Taking an Appeal Frequently Asked Questions
    • Instructions for Perfecting an Appeal to the Appellate Division
    • Instructions to Perfect an Appeal in the Third Department
    • Instructions to perfect an appeal in the Fourth Department
    • Appellate Division Fourth Department Q & A
    • Universal E-filing in the Fourth Department
    • Standards of Appellate Review in Matrimonial Actions
    • Standard of Review— Appellate review of Custody Determinations
    • Standard of Review of Custody Determinations - Effect of Changed Circumstances During Pendency of Appeal
    • Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
    • Mandatory Electronic filing (e-filing): First Department
    • Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters - June 1, 2020
    • Electronic filing (e-filing): First Department New and Amended Local Rules Updated June 25, 2021
    • Electronic filing (e-filing): First Department Formatting Specifications
    • Electronic filing (e-filing): First Department Frequently Asked Questions
    • Electronic filing (e-filing): Second Department Technical Guidelines
    • Mandatory Electronic filing (e-filing): Second Department
    • Electronic filing (e-filing): First Department Motions Frequently Asked Questions
    • Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
    • Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
    • Electronic filing (e-filing): Third Department Motion FAQs
    • Mandatory Electronic filing (e-filing): Fourth Department
    • Electronic filing (e-filing): Fourth Department Motion FAQS
    • Electronic filing Authorization in matrimonial actions
    • E-filing Rules and Forms of the Appellate Division
    • Joel R. Brandes Reported Appeals
  • Court of Appeals Rules of Practice
  • How to take an Appeal to the Court of Appeals
  • I. Appeals as of Right
  • II. Motions for Leave to Appeal
  • III. Guidelines for Preparing a Motion for Leave to AppeaNew Page
  • IV. Rule 500.11 Review Aternate Procedure for Selected Appeals
  • V. Appealability and Reviewability
  • VI. What is a Final Determination
  • VII. The "Necessarily Affects" Requirement
  • Filing of record material and briefs in normal course appeals and required copies
  • Contents of Records, appendices and exhibits in normal course appeals
  • Content and form of Briefs in normal course appeals
  • Civil and Criminal Appeals Frequently Asked Questions
  • Civil Motions Frequently Asked Questions
  • Court-Pass - Digital Filing Frequently Asked Questions
  • Court of Appeals Portal for uploading companion digital submissions
  • Court of Appeals Court Pass Public Access and Search
  • New York Divorce Law
    • Agreements Before & During Marriage
    • Custody & Visitation
    • Child Support Awards
    • Counsel Fee Awards
    • Enforcement of Judgments & Orders
    • Equitable Distribution
    • Equitable Distribution Law for Trial Counsel
    • Equitable Distribution Decisions Chart
    • Exclusive Occupancy of Marital Home
    • Grounds for Divorce
    • Maintenance Awards until 2016
    • Maintenance Awards after January 22, 2016
    • Modification of Maintenance and Child Support Orders and Judgments
    • Orders of Protection
    • Special Relief - Insurance
    • Spousal Support Awards
    • Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
    • Timetable For Service of Motion Papers
    • Uniform Child Custody Jurisdiction & Enforcement Act
  • Additional Articles and Information about New York Divorce & Family Law
    • Adoption Information
    • Antenuptial and Post Nuptial Agreements
    • Child Abuse & Prevention
    • Child Custody & Parental Alienation Information
    • Child Support
    • Common Law Marriage
    • Child Visitation Supervisors
    • Degrees & Licenses
    • Domestic Violence
    • Emergency Court Applications
    • Engagement gifts
    • Evidence Law
    • Family Court Proceedings
    • Federal Law Divorce Resources (Pension and Social Security)
    • Frequently Asked Questions
    • Grandparent and Non-Parent Visitation
    • Grounds for Divorce
    • Legal Fees, Liens & Sanctions
    • Litigation & Procedure
    • Maintenance and Child Support New York Court System Tools
    • Maintenance, Special Relief & Spousal Support
    • Marital Property and Property Distribution
    • New York Motion Practice
    • Professional Conduct
    • Retirement Benefits
    • Questions about Income Tax
    • Right to Counsel in Matrimonial Action
    • Role of the Attorney for the Child
    • Valuation Aids
  • ​New York Court System Links for Lawyers
  • New York Court Rules
  • New York Court Websites and Decisions
  • Electronic Filing in Supreme Court Rules and FAQ's
  • Using EDDS Electronic Delivery to Courts
  • New York Courts Case Search Page for E-filed Case Files
  • New York Court System Site Map
  • Family Court Official Forms
  • International Child Abduction Remedies
    • International Child Abduction
    • Hague International Child Abduction Convention cases from 2011 to date.
    • Hague international Child Abduction Table of Reported and Unreported Cases from 1988 until 2010
  • Site Map of The Law Firm of Joel R. Brandes PC website
  • Make an Appointment for a Consultation
    • Consultation Fee Payment
  • Joel R. Brandes Curriculum vitae
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