N.Y. Uniform Justice Court Act § 1704: Settlement of case and return on appeal

§ 1704. Settlement of case and return on appeal.

(a) 1. When an appeal has been taken, the stenographer's original

transcript of minutes, if such minutes were taken, must be furnished to

the clerk within ten days after the fees therefor have been paid. If

testimony was given but stenographic minutes were not taken, the clerk

shall prepare minutes of the proceedings within thirty days after the

filing of the notice of appeal, such minutes to consist of a statement

sufficiently descriptive of the testimony to make possible appellate

review. Immediately upon receipt or preparation of the minutes, the

clerk shall cause notice of that fact to be sent to the attorney for the

appellant, or to the appellant if he or she has not appeared by

attorney. If the clerk has prepared the minutes, he or she also shall

cause copies thereof to be served upon the attorneys for the appellant

and the respondent, or upon the appellant and the respondent if they do

not appear by attorney.

2. (i) If minutes were taken by a stenographer, within fifteen days of

receipt of a copy of the stenographic transcript of the minutes, the

appellant or the appellant's attorney shall make any proposed amendments

and cause them to be served, together with a copy of the transcript, on

the attorney for the respondent, or on the respondent if he or she has

not appeared by attorney. Within fifteen days after receipt of such

service, the respondent or the respondent's attorney shall make any

objections to the amendments proposed by the appellant and make such

further proposed amendments to the transcript as are deemed necessary,

and cause them to be served on the attorney for the appellant, or on the

appellant if he or she has not appeared by attorney.

(ii) If the clerk prepared the minutes, within fifteen days after the

date of receipt of a copy of such minutes, the attorneys for the

appellant and the respondent, or the appellant and the respondent if

they have not appeared by attorney, shall forward to the court any

proposed amendments to the minutes.

3. The appellant or his or her attorney shall then procure the case to

be settled on a written notice of at least four days to the clerk and to

the attorney for the respondent or to the respondent if he or she has

not appeared by attorney, returnable before the justice who tried the

case. The clerk shall thereupon prepare a return, which shall contain

the summons or notice of petition, pleadings, evidence, judgment or

order, notice of appeal, opinion of the court, if any, and all other

papers necessary for appellate review of the judgment or order appealed

from. Within five days after the return day of the notice to settle the

case, the justice shall settle the same and indorse his or her

settlement on the return. In lieu of the justice settling the case and

indorsing his or her settlement on the return, the parties may stipulate

that the transcript (or the minutes prepared by the clerk, if

appropriate) together with the proposed amendments, if any, and all

other elements of the return are correct. The clerk shall thereupon

cause the return to be filed with the clerk of the appellate court.

(b) Where no testimony was taken, the return shall be filed with the

clerk of the appellate court within ten days after the filing of the

notice of appeal. Such return shall consist of the same papers and

proceedings specified in subdivision (a), except for the minutes therein

described. The authenticity of such papers shall be certified by the

clerk.

(c) Upon an appeal from an order granting or denying a motion for a

new trial upon the ground of fraud or newly discovered evidence, the

minutes of the trial, as described in subdivision (a), shall be included

in the return and the provisions of that subdivision shall apply to such

an appeal.