N.Y. CVP. LAW § 5525 : NY Code - Section 5525: Preparation and settlement of transcript; statement in lieu of transcript

Search N.Y. CVP. LAW § 5525 : NY Code - Section 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.