N.Y. Civil Practice Law & Rules § 5528: Content of briefs and appendices

Rule 5528. Content of briefs and appendices. (a) Appellant's brief and

appendix. The brief of the appellant shall contain in the following

order:

1. a table of contents, which shall include the contents of the

appendix, if it is not bound separately, with references to the initial

page of each paper printed and of the direct, cross, and redirect

examination of each witness;

2. a concise statement, not exceeding two pages, of the questions

involved without names, dates, amounts or particulars, with each

question numbered, set forth separately and followed immediately by the

answer, if any, of the court from which the appeal is taken;

3. a concise statement of the nature of the case and of the facts

which should be known to determine the questions involved, with

supporting references to pages in the appendix;

4. the argument for the appellant, which shall be divided into points

by appropriate headings distinctively printed; and

5. 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; provided, however, that 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.

(b) Respondent's brief and appendix. The brief of the respondent shall

conform to the requirements of subdivision (a), except that a

counterstatement of the questions involved or a counterstatement of the

nature and facts of the case shall be included only if the respondent

disagrees with the statement of the appellant and the appendix shall

contain only such additional parts of the record as are necessary to

consider the questions involved.

(c) Appellant's reply brief and appendix. Any reply brief of the

appellant shall conform to the requirements of subdivision (a) without

repetition.

(d) Joint appendix. A joint appendix bound separately may be used. It

shall be filed with the appellant's brief.

(e) Sanction. For any failure to comply with subdivision (a), (b) or

(c) the court to which the appeal is taken may withhold or impose costs.