The record on appeal from a final judgment must consist of the notice of appeal, the judgment-roll, the corrected transcript of the proceedings or a statement pursuant to subdivision (d) of rule 5525 if a trial or hearing was held, any relevant exhibits, or copies of them, in the court of original instance, any other reviewable order, and any opinions in the case. (CPLR 5526)
The record on appeal from an interlocutory judgment or any order must consist of the notice of appeal, the judgment or order appealed from, the transcript, if any, the papers and other exhibits upon which the judgment or order was founded and any opinions in the case. (CPLR 5526)
All printed or reproduced papers comprising the record on appeal must be eleven inches by eight and one-half inches. (CPLR 5526)
The subject matter of each page of the record must be stated at the top thereof, except that in the case of papers other than testimony, the subject matter of the paper may be stated at the top of the first page of each paper, together with the page numbers of the first and last pages thereof. (CPLR 5526)
In the case of testimony, the name of the witness, by whom he was called and whether the testimony is direct, cross, redirect or recross examination must be stated at the top of each page. (CPLR 5526)
Contents of Reproduced Full Record.
The reproduced full record must be bound separately from the brief, must include the items set forth in CPLR 5526, and must include in the following order so much of the following items as are applicable to the particular cause:
(1) A cover which must contain the title of the cause on the upper portion, and, on the lower portion, the names, addresses, telephone numbers and email addresses of the attorneys, the county clerk's index or file number, the docket or other identifying number or numbers used in the court from which the appeal is taken, and the superior court information or indictment number;
(3) A table of contents which must list and briefly describe each document included in the record.
The part of the table relating to the transcript of testimony must separately list each witness and the page at which direct, cross, redirect and re-cross examinations begin.
The part of the table relating to exhibits must concisely indicate the nature or contents of each exhibit and the page in the record where it is reproduced and where it is admitted into evidence;
(4) The notice of appeal or order of transfer, judgment or order appealed from, judgment roll, corrected transcript or statement in lieu thereof, exhibits, and any opinion or decision in the cause;
(5) An affirmation, certification, stipulation or order, settling the transcript pursuant to CPLR 5525;
(6) A stipulation or order dispensing with reproducing exhibits, as provided in subdivision (c) of this section.
(7) The appropriate certification, stipulation, or settlement order pursuant to 22 NYCRR 1250.7 (g). (22 NYCRR 1250.7 (b))
The parties may stipulate to dispense with reproduction of exhibits in the full reproduced record on grounds that (1) the exhibits are not relevant or necessary to the determination of an appeal, and will not be cited in the parties' submissions; or (2) the exhibits, though relevant and necessary, are of a bulky or dangerous nature, and will be kept in readiness and delivered to the court on telephone notice. (22 NYCRR 1250.7 (c))
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, the transcript or statement must 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 must 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 must be marked “Original.” A party may move to waive certification pursuant to this rule for good cause shown, and must 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).