N.Y. Civil Practice Law & Rules § 5525: Preparation and settlement of transcript; statement in lieu of transcript

Rule 5525. Preparation and settlement of transcript; statement in lieu

of transcript. (a) Preparation of transcript. Where a stenographic

record of the proceedings is made, the appellant, within the time for

taking the appeal, shall serve upon the stenographic reporter a request

for a transcript of the proceedings and, unless the appellant is the

state or any political subdivision of the state or an officer or agency

of the state or of any political subdivision of the state, shall deposit

a sum sufficient to pay the fee. As soon as possible after receiving

such notice the reporter shall serve upon the appellant the ribbon copy

and a carbon copy of the typewritten transcript, or two copies of the

transcript if it is reproduced by any other means. The appellate

division in each department may by rule applicable in the department to

all appeals taken from judgments or orders entered in the department,

provide that only a ribbon copy of the typewritten transcript be

prepared and provide for the use of such copy by the parties and the

court.

(b) Omission of part of transcript. The parties may stipulate that

only a portion of the record be transcribed. No transcript is necessary

where a party appeals from a judgment entered upon a referee's report,

or a decision of the court upon a trial without a jury, and he relies

only upon exceptions to rulings on questions of law made after the case

is finally submitted.

(c) Settlement of transcript. 1. Within fifteen days after receiving

the transcript from the court reporter or from any other source, the

appellant shall make any proposed amendments and serve them and a copy

of the transcript upon the respondent. Within fifteen days after such

service the respondent shall make any proposed amendments or objections

to the proposed amendments of the appellant and serve them upon the

appellant. At any time thereafter and on at least four days' notice to

the adverse party, the transcript and the proposed amendments and

objections thereto shall be submitted for settlement to the judge or

referee before whom the proceedings were had if the parties cannot agree

on the amendments to the transcript. The original of the transcript

shall be corrected by the appellant in accordance with the agreement of

the parties or the direction of the court and its correctness shall be

certified to thereon by the parties or the judge or referee before whom

the proceedings were had. When he serves his brief upon the respondent

the appellant shall also serve a conformed copy of the transcript or

deposit it in the office of the clerk of the court of original instance

who shall make it available to respondent.

2. If the appellant has timely proposed amendments and served them

with a copy of the transcript on respondent, and no amendments or

objections are proposed by the respondent within the time limited by

paragraph 1, the transcript, certified as correct by the court reporter,

together with appellant's proposed amendments, shall be deemed correct

without the necessity of a stipulation by the parties certifying to its

correctness or the settlement of the transcript by the judge or referee.

The appellant shall affix to such transcript an affirmation, certifying

to his compliance with the time limitation, the service of the notice

provided by paragraph 3 and the respondent's failure to propose

amendments or objections within the time prescribed.

3. Appellant shall serve on respondent together with a copy of the

transcript and the proposed amendments, a notice of settlement

containing a specific reference to subdivision (c) of this rule, and

stating that if respondent fails to propose amendments or objections

within the time limited by paragraph 1, the provisions of paragraph 2

shall apply.

(d) Statement in lieu of stenographic transcript. Where no

stenographic record of the proceedings is made, the appellant, within

ten days after taking his appeal, shall prepare and serve upon the

respondent a statement of the proceedings from the best available

sources, including his recollection, for use instead of a transcript.

The respondent may serve upon the appellant objections or proposed

amendments to the statement within ten days after such service. The

statement, with objections or proposed amendments, shall be submitted

for settlement to the judge or referee before whom the proceedings were

had.

(e) Special rules prescribing time limitations in settlement of

transcript or statement in lieu thereof authorized. The appellate

division in each department may by rule applicable in the department

prescribe other limitations of time different from those prescribed in

subdivisions (c) and (d) for serving transcripts, or statements in lieu

of transcripts, and proposed amendments or objections, and for

submission thereof for settlement.