Article 55 Flashcards
T/F? Generally, the court of appeals reviews questions of law.
True
CPLR 5501
T/F? The appellate division reviews questions of laws
False
CPLR 5501 (and questions of fact)
T/F? The appellate term reviews questions of law and questions of fact
True
CPLR 5501
If attorney for the aggrieved party dies, is removed, suspended, or becomes physically or mentally incapacitated during the period during which an appeal may be taken, such appeal may be taken within ____ days from the date of death, removal, suspension, or commencement of such incapacity or death
60
CPLR 5515
Appeal shall be taken by serving on the adverse party a notice of appeal AND __________.
Filling it in office where judgment/order is entered
CPLR 5515
A motion for permission to appeal must be noticed to be heard at least __ days and not more than __ days after the notice of motion is served.
8, 15
CPLR 5516
Preference shall also be given to appeals from judgments, orders or decrees brought under ________.
FCA Articles 3, 6 (parts 1 and 2), 7, 10, 10-A, and 358-a, 383-c, 384, 384-b of SSL.
CPLR 5521
A judgment directed by an appellate court must be entered by the clerk of _______.
The court to Which remission is made
CPLR 5524
The party who appeals is know as the __________.
Appellant
CPLR 5511
The adverse party to the appellant is know as _______.
The respondent
CPLR 5512
In a civil case you may appeal a ______ or _______.
Judgment or order
CPLR 5512
A notice of appeal must be served and filed within ___ days after service upon appellant of a copy or order and written notice of its entry
30
CPLR 5513
An appeal shall be taken by serving on the adverse party a notice of appeal and filing it in the office where the judgment or order is entered. A notice of appeal shall designate
1. Nome of the party taking the appeal
2. The judgment or order (or specific part of judgment or order being appealed
3. The court to which the appeal is taken
A. 1 and 2
B. 1, 2 and 3
C. 2
D. 2 and 3
B. 1, 2 and 3
CPLR 5515
An appeal is not affected by certain subsequent orders of the trial court such as
1. Granting of motion for re-argument making same determination as made in order being appealed
2. Granting of a motion for resettlement of the order being appealed
3. Granting of a motion seeking same relief applied for in motion on which order appealed from is made
A. 1, 2 and 3
B. 1 and 3
C. 2 and 3
D. 1 and 2
D. 1 and 2
CPLR 5517
Which of the following statements relating to appeals is correct?
A. Generally, the court of appeals reviews questions of fact only
B. Generally, appellate division reviews questions of law only
C. An order or a final judgment can be appealed
D. Generally, the appellate term reviews questions of law only
C. An order or a final judgment can be appealed
CPLR 5501
A \_\_\_\_\_\_ can be appealed within 30 days of service of copy of judgment with notice of entry
1. Default judgment by either party
2. Final judgment
A. 1 only
B. 2 only
C. 1 and 2
D. Neither 1 nor 2B. 2 only
CPLR 5511
An appeal as of right must be made by serving and filing notice of appeal within 30 days of
A. Entry of judgment or order
B. Decision or verdict
C. Service of copy of judgment or order with notice of entry
D. Entry of judgment or 30 days from entry of order
C. Service of copy of judgment or order with notice of entry
CPLR 5513
Generally, the service and filing of a notice of appeal stays all proceedings to enforce the judgment
A. In all civil cases
B. In all cases where the judgment being appealed is a final judgment
C. In all cases where the judgment being appealed in an interlocutory judgment
D. If an undertaking is filed
D. If an undertaking is filed
CPLR 5519
Which of the following is false?
A. The appellate court can grant a preference in the hearing of an appeal
B. Transcript of court proceedings must be sent to appellate court
C. The brief of the appellant shall contain a table of contents
D. The court to which an appeal is taken may modify a judgment
B. Transcript of court proceedings must be sent to appellate court
CPLR 5527
Which of the following choices is not correct? Generally, an appeal from a judgment brings up for review by the appeals court
A. Any non-final judgment or order which affects the final judgment
B. Any order denying a new trial or hearing
C. Any ruling or refusal to act or rule a sequester by appellant, including requests to charge
D. Any remark made by judge to which the appellant did not object
D. Any remark made by judge to which the appellant did not object
CPLR 5501
Generally, following may be appealed A. Judgment and decision B. Order and decision C. Judgment and order D. None of the above
C. Judgment and order
CPLR 5512
If attorney for the aggrieved party dies, is removed, suspended or becomes physically or mentally incapacitated during the period during which an appeal may be taken, such appeal may be taken within \_\_ days from the date of death, removal, suspension, or commencement of such incapacity or death A. 15 B. 20 C. 30 D. 60
D. 60
CPLR 5514
Which of the following 4 choices is correct? The record on appeal from a final judgment shall consist of
1. Notice of appeal
2. Judgment roll
3. Corrected transcript of the proceeding, or statement in lieu of transcript (CPLR 5525(d))
4. Any relevant exhibits
5. Any reviewable order
6. Any opinions in the case
A. The exhibits do not belong in a record on appeal
B. Any opinions in the case do not belong in a record on appeal
C. All above items (1-6) belong in a record on appeal
D. The judgment roll does not belong in a record on appeal
C. All above items (1-6) belong in a record on appeal
CPLR 5526
Record on appeal shall be filed with appellate court within \_\_ days after settlement of the transcript. Must also file required number of copies of his brief, and also serve on adverse party \_\_\_ copies of brief. Adverse party shall serve and file like number of copies within \_\_ days after service of appellant brief. Appellant may file and serve like number of copies of reply within \_\_ days after service of respondent's brief A. 20...3...15...10 B. 30...3...15...10 C. 20...5...15...20 D. 30...5...20...20
A. 20…3…15…10
CPLR 5530
