Time, number and manner of filing of records, appendices and briefs

Appellant's Filing of Record 


Except where the court has directed that an appeal be perfected by a particular time, an appellant must file with the clerk within 6 months of the date of the notice of appeal or order granting leave to appeal:

 if employing the reproduced full record method, an original and 5 hard copies of a reproduced full record, an original and 5 hard copies of appellant's brief, and 1 digital copy of the record and brief, with proof of service of 1hard copy of the record and brief upon each other party to the appeal (22 NYCRR 1250.9(a)(1); or

if employing the appendix method, an original, five hard copies and one digital copy of appellant's brief and appendix, with proof of service of one hard copy of the brief and appendix upon each other party to the appeal, and either:

in the First and Second Judicial Departments, proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the clerk of the Appellate Division ( 22 NYCRR 1250.9(a)(2)(i)) ; or

in the Third and Fourth Judicial Departments, a digital copy of the complete record (22 NYCRR 1250.9(a)(2)(ii)).

if employing the agreed statement in lieu of record method, an original and five hard copies of the agreed statement in lieu of record as provided in CPLR 5527, an original and five hard copies of appellant's brief, and one digital copy of the agreed statement and the brief, with proof of service of one hard copy of the agreed statement and brief upon each other party to the appeal; (22 NYCRR 1250.9(a)(3) or

if perfecting on the original record, an original and five hard copies and one digital copy of appellant's brief, with proof of service of one hard copy of the brief upon each other party to the appeal and either:

(i) in the First and Second Judicial Departments, proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the clerk of the Appellate Division (22 NYCRR 1250.9(a)(4)(i) ; or

(ii) in the Fourth Judicial Department, a hard copy of the complete record. (22 NYCRR 1250.9(a)(4)(ii))


(5) In the First and Second Judicial Departments, where a subpoena is required to be served upon the clerk of the court of original instance pursuant to subparagraphs (2)(i) and (4)(i) of this subdivision, the clerk from whom the papers are subpoenaed shall compile the original papers constituting the record on appeal and cause them to be transmitted to the clerk of the court, together with a certificate listing the papers constituting the record on appeal and stating whether all such papers are included in the papers transmitted. (22 NYCRR 1250.9(a))


Respondent's Filing of Brief and Appendix. 

The respondent on an appeal must file with the clerk within 30 days of the date of service of the appellant's submissions or, in the First Judicial Department, in accordance with the court's published terms calendar:

under the full record method, the agreed statement in lieu of record method, or when perfecting on the original record, an original and 5  hard copies and 1 digital copy of the respondent's brief, with proof of service of 1 hard copy of the brief upon each party to the appeal; (22 NYCRR 1250.9(c)(1) or

  under the appendix method, an original and 5 hard copies and 1 digital copy of the respondent's brief and appendix, if any, with proof of service of 1 hard copy of the brief and appendix, if any, upon each party to the appeal. (22 NYCRR 1250.9(c))


Appellant's Reply Brief. 

The appellant must file with the clerk an original, 5 hard copies and 1 digital copy of the appellant's reply brief, with proof of service of 1 hard copy of the brief upon each party to the matter, within 10 days of the date of service of the respondent's submissions or, in the First Judicial Department, in accordance with the court's published terms calendar. (22 NYCRR 1250.9(d))


Constitutionality of State Statute. 

Where the constitutionality of a statute of the State is involved in a matter in which the State is not a party, the party raising the issue shall serve a copy of the brief upon the Attorney General of the State of New York, and file proof of service with the court. The Attorney General may thereupon intervene in the appeal. (22 NYCRR 1250.9(i))


Leave to File Oversized Brief. 

An application for permission to file an oversized brief must be made to the clerk by letter stating the number of words or pages by which the brief exceeds the limits set forth in 22 NYCRR 1250.9 and the reasons why submission of an oversized brief is necessary. The letter must be accompanied by a copy of the proposed brief and printing specifications statement. (22 NYCRR 1250.9(h))

Pro se or unrepresented parties are exempt from the requirement of the filing of a digital copy of any brief or other document. (22 NYCRR 1250.9(e))