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    • What must be in the Reproduced Full Record
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    • 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
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    • Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
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What Must be in the Appendix

What must be in the Appendix.

Appendix Method. 
If the appellant elects to proceed by the appendix method, the appendix shall be printed or otherwise reproduced as provided in 22 NYCRR 1250.6 and 1250.7 . (22 NYCRR 1250.5 (c))

Appellant's brief and appendix.

The brief of the appellant must contain in the following order: an appendix, which may be bound separately, containing only such parts of the record on appeal as are necessary to consider the questions involved, including those parts the appellant reasonably assumes will be relied upon by the respondent (CPLR 5528(a)(5))
However, the appellate division in each department may by rule applicable in the department authorize an appellant at his election to proceed upon a record on appeal printed or reproduced in like manner as an appendix, and in the event of such election an appendix shall not be required. (CPLR 5528(a)(5))

Joint appendix. 

A joint appendix bound separately may be used. It must be filed with the appellant's brief. (CPLR 5528 (d))

Contents of the Appendix.

(1) The appendix must include those portions of the record necessary to permit the court to fully consider the issues which will be raised by the appellant and the respondent including, where applicable, at least the following:

(i) notice of appeal or order of transfer;

(ii) judgment, decree or order appealed from;

(iii) decision and opinion of the court or agency, and report of a referee, if any;

(iv) pleadings, and in a criminal case, the indictment or superior court information;

(v) material excerpts from transcripts of testimony or from documents in connection with a motion. The excerpts shall include all the testimony or averments upon which the appellant relies and upon which it may be reasonably assumed the respondent will rely. The excerpts shall not be misleading or unintelligible by reason of incompleteness or lack of surrounding context;

(vi) copies of relevant exhibits, including photographs, to the extent practicable;

(vii) if pertinent, a statement identifying bulky, oversized or dangerous exhibits relevant to the appeal, as well as identifying the party in custody and control of each exhibit; and

(viii) the appropriate certification, stipulation or settlement order pursuant to 22 NYCRR 1250.7 (g). (22 NYCRR 1250.7 [d](1)).

The appendix shall have a cover complying with subdivision (b)(1) of this section and shall include the statement required by CPLR 5531 and a table of contents. (22 NYCRR 1250.7 [d](2)).

The court may require such other contents in an appendix in a criminal cause as it deems appropriate. (22 NYCRR 1250.7 [d](3)).

 If a settled transcript of the stenographic minutes, or an approved statement in lieu of such transcript, is not included in the submissions, the appellant must cause a digital copy of the transcript or statement to be filed together with the brief. (22 NYCRR 1250.7 [d](4)).

Digital Copies

A party proceeding by the appendix method must file one digital copy of the complete record, plus an original and five copies of the brief and appendix, and must serve one hard copy of the brief and appendix upon each other party to the appeal (22 NYCRR 1250.9 [a] [2]).
Condensed Format of Transcripts Prohibited. 
No record or appendix may include a transcript of testimony given at a trial, hearing or deposition that is reproduced in condensed format such that two or more pages of transcript in standard format appear on one page, unless the transcript was submitted in that format to the court from which the appeal is taken. (22 NYCRR 1250.7 (e))

 Settlement of Transcript or Statement. 

Regardless of the method used to prosecute any civil cause, if the record includes a transcript of the stenographic minutes of the proceedings or a statement in lieu of such transcript, such transcript or statement shall first be either stipulated as correct by the parties or their attorneys or settled pursuant to CPLR 5525. (22 NYCRR 1250.7 (f))

 
Certification of Record or Appendix. 

A reproduced full record or an appendix shall be certified either by:
(1) a certificate of the appellant's attorney pursuant to CPLR 2105;
(2) a certificate of the proper clerk; or
(3) a stipulation in lieu of certification pursuant to CPLR 5532 or, if the parties are unable to stipulate, an order settling the record. The reproduced copy containing the signed certification or stipulation shall be marked “Original.” A party may move to waive certification pursuant to this rule for good cause shown, and shall include with the motion a copy of the proposed record or appendix. (22 NYCRR 1250.7 (g))


Memoranda of law and oral argument on motions constitute legal argument and generally are not included in the record on appeal. They may be included in the record on appeal in some circumstances, however, such as where preservation for review is at issue (see e.g., Matter of Lloyd v Town of Greece Zoning Bd. of Appeals [appeal No. 1], 292 AD2d 818).




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  • Home
  • Recent Decisions & Articles
    • Recent Decisions, Legislation and Court Rules
    • New York Law Journal Articles by Joel R. Brandes
    • Articles Published in NYSBA Family Law Review and Journal
    • Bits and Bytes™ Issues - New York Divorce and Family Law Newsletter
    • Table of Contents of this website
    • Joel R. Brandes Letters to the Editor
    • Recent International Child Abduction Cases
    • Books by Joel R. Brandes
    • Adoption Information Articles
    • Child Abuse & Prevention Articles
    • Common Law Marriage Articles
    • Child Visitation Supervisors
    • Domestic Violence Articles
    • Engagement gifts Articles
    • Family Court Proceedings Articles
    • Grandparent and Non-Parent Visitation Articles
    • Professional Conduct Articles
    • Income Tax and Capital Gains Tax Articles
    • Spousal Support Articles
  • Divorce Information
    • Antenuptial, Prenuptial, Nuptial and Post Nuptial Agreements
    • Child Custody, Visitation (Parental Access) & Parental Alienation
    • Child Support
    • Counsel Fee Awards
    • Degrees & Licenses
    • Emergency Court Applications
    • Enforcement of Judgments & Orders
    • Equitable Distribution of Marital Property
    • Equitable Distribution Law for Trial Counsel
    • Equitable Distribution Decisions Chart to January 1, 2023
    • Exclusive Occupancy of Marital Home
    • Frequently Asked Questions About Marriage, Divorce, Separation and Custody
    • Grounds for Divorce
    • Legal Fees, Liens & Sanctions
    • Litigation & Procedure
    • Maintenance Awards until 2016
    • Maintenance Awards on or after January 22, 2016
    • Maintenance, Special Relief & Spousal Support
    • Maintenance and Child Support New York Court System Tools
    • Marital Property, Separate Property and Property Distribution
    • Motion Practice
    • Modification of Maintenance and Child Support Orders and Judgments
    • Orders of Protection
    • Qualified Domestic Relations Orders
    • Retirement Benefits
    • Right to Counsel in Matrimonial Action
    • Role of the Attorney for the Child
    • Special Relief (life, health, accident, medical and dental insurance)
    • Social Security Benefits for Divorced Spouses
    • Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
    • Trial and Trial Testimony
    • Trial and Trial Testimony 2023 Update
    • Trial of a Divorce and Custody Action Website
    • Trial Evidence for Divorce and Family Law
    • Uniform Child Custody Jurisdiction & Enforcement Act Overview
    • Valuation Aids
  • Appellate Practice
    • Important Practice Updates from the Appellate Divisions
    • Instructions for taking an Appeal to the Appellate Division
    • Taking an Appeal from Supreme Court under NYCSEF
    • Who is served with the notice of appeal?
    • Registration and Consent to Efiling by Respondents
    • 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
    • Practice in the Appellate Divison: Motions in the First Department
    • 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
    • Standards of Appellate Review of Custody Determinations
    • Standards of Appellate Review of Custody Determinations - 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
    • Electronic filing (e-filing): First Department New and Amended Local Rules
    • 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
    • Appeals as of Right to the Court of Appeals
    • Motions for Leave to Appeal to the Court of Appeals
    • Guidelines for Preparing a Motion for Leave to Appeal to the Court of Appeal
    • Rule 500.11 Review Alternate Procedure for Selected Appeals to the Court of Appeals
    • Appealability and Reviewability in the Court of Appeals
    • What is a Final Determination appealable to Court of Appeals?
    • The "Necessarily Affects" Requirement of the Court of Appeals
    • Filing of record material and briefs in normal course appeals to the Court of Appeals
    • Contents of Records, Appendices and Exhibits in Normal Course Appeals to the Court of Appeals
    • Content and form of Briefs in Normal Course Appeals to the Court of Appeals
    • Frequently Asked Questions for Civil and Criminal Appeals to the Court of Appeals
    • Civil Motions in the Court of Appeals Frequently Asked Questions
    • Court-Pass - Court of Appeals Digital Filing Frequently Asked Questions
    • Court of Appeals Portal for uploading companion digital submissions
    • Court of Appeals Court Pass Public Access and Search
  • Trial of a Divorce and Custody Action
  • ​New York Court System Links for Lawyers
  • New York Court Rules
  • Electronic Filing in Supreme Court Rules and FAQ's
  • Removal of NYCSEF Consent 22 NYCRR 202.16-c
  • Sending Documents to the Court Using EDDS
  • Family Court Official Forms
  • New York Courts Case Search Page for E-filed Case Files
  • New York Court System Site Map
  • New York Court Websites and Decisions
  • International Child Abduction Laws and Information
  • Hague International Child Abduction Convention cases from 2011 to date.
  • Table of Reported and Unreported Hague Convention Cases from 1988 until 2010
  • Who we are
  • Joel R. Brandes Curriculum vitae
  • Make an Appointment for a Consultation
  • Subscribe to Bits and Bytes™
  • Terms of Use Privacy Policy
  • Consultation Fee Payment
  • Untitled
  • New Page