N.Y. Civil Practice Law & Rules § 5530: Filing record and briefs; service of briefs

Rule 5530. Filing record and briefs; service of briefs. (a) Generally.

Within twenty days after settlement of the transcript or after

settlement of the statement in lieu of stenographic transcript or after

approval of the statement in lieu of record, the appellant shall file

with the clerk of the court to which the appeal is taken the record on

appeal or statement in lieu of record, and the required number of copies

of his brief, and shall also serve upon the adverse party three copies

of his brief. The respondent shall file and serve a like number of

copies of his brief within fifteen days after service of the appellant's

brief. The appellant may file and serve a like number of copies of a

reply brief within ten days after service of the respondent's brief.

(b) Upon cross-appeal. Unless the court to which the appeals are taken

otherwise orders, where both parties take an appeal from the same

judgment or order, the plaintiff, or appellant in the court from which

the appeal is taken, shall file and serve his brief first. The answering

brief shall be filed and served within fifteen days after service of the

first brief and shall include the points and arguments on the

cross-appeal. A reply brief shall be filed and served within fifteen

days after service of the answering brief, and shall include answering

points and arguments on the cross-appeal. A reply brief to the

cross-appeal may thereafter be served and filed within ten days after

the service of the reply to the first brief.

(c) Special rules prescribing times for filing and serving 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 (a) and (b) for filing and serving records on

appeal, or statements in lieu of records, and briefs in appeals taken

therein.