CPLR Art 55 Appeals Numbers Blast Flashcards
*****5513- Time to Take Appeal, Cross Appeal, etc.+
***An appeal as of right must be taken within __________ after service by a party upon the appellant a copy of the judgment or order appealed from and written notice of _____________
THIRTY(30)DAYS ……… its entry
*****5513- Time to Take Appeal, Cross Appeal, etc.+
If a party is served with a notice of appeal or motion for permission to appeal within the ___________ and they themselves wish to appeal, they must file such cross appeal within ____________thereafter or within the original _____________ whichever is longer
30 days ………. TEN (10) DAYS ………. 30 days
*****5513- Time to Take Appeal, Cross Appeal, etc.+
The standard of an additional _____________ for service by mail applies here as well
FIVE (5) DAYS
5514- Extension of Time to Take an Appeal or Move for Permission to Appeal
This may be granted under the following situations:
**2. Disability of an attorney – If the attorney for an aggrieved party becomes dead or is removed or suspended, or is physical or mentally incapacitated before the expiration of the time for taking an appeal, such appeal may be taken within ______________ of the date of such incapacity.
Compare this to CPLR 321 where it is only a 30 day extension
SIXTY (60) DAYS
5514- Extension of Time to Take an Appeal or Move for Permission to Appeal
This may be granted under the following situations:
- Substitution of a party- If the time for taking an appeal has not expired when there is substitution of a party, the period is extended to all parties for a period of _____________ . See CPLR 1022
FIFTEEN (15) DAYS
5516- Motion for Permission to Appeal
A motion for permission to appeal shall be noticed to be heard at a motion day at least ___________ and not more than _____________ after the notice of motion is served.
- Take note: this differs from the normal 8 days - 16 days
EIGHT (8) DAYS …….. FIFTEEN (15) DAYS
5519- Stay of Enforcement+
Regardless if the judgment or order appealed from is affirmed or modified the stay shall continue for __________ beyond that
FIVE(5) DAYS
5519- Stay of Enforcement+
In an action for medical,dental or podiatric malpractice in which an appeal is taken from a judgment in excess of ___________ and an undertaking for that amount is given or the amount of the defendant’s malpractice insurance policy, whichever is greater, the appellate court shall stay the enforcement proceedings as long as there is a reasonable probability that the judgment may be reversed or determined excessive
- The appellant and the insurer must also make a joint undertaking that they will not make any voidable transactions during the appeal
ONE MILLION DOLLARS
5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+
As soon as possible after receiving such notice, the stenographer shall serve upon the appellant the ribbon copy and a carbon copy of the type written transcript or _________ copies of the transcript if it is reproduced by any other means
TWO (2)
5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+
Within ___________ of receiving the transcript from the reporter the appellant shall make any amendments and serve the transcript on the respondent. Within _____________ after receiving the transcript, the respondent shall make their amendments and serve them upon the appellant
FIFTEEN(15) DAYS……… FIFTEEN (15) DAYS
5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+
If no agreement to the transcript occurs it will go before the judge to settle upon at least __________ notice to the opposing side of such settlement
FOUR (4) DAYS
5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+
Statement in lieu of stenographic transcript:
- Where no stenographic record of the proceeding is made, the appellant within _____________ after taking his appeal shall prepare and serve upon the respondent a statement of the proceedings from his best available sources or recollection for use instead of a transcript.
- Within ____________ of such service upon respondent of the statement, the respondent shall serve on the appellant any objections or amendments. Such statement will also go before a judge for settlement
TEN (10) DAYS ….. TEN (10) DAYS
Hint: It can get confusing with timeframes of 20 days, 15 days, and 10 days being thrown around. Think of it like this, if there is no transcript, you’re going to go off of memory, so you want that statement written as soon as possible before your memory goes all swiss cheese. So, the shortest amount of time: 10 days.
5527- Statement in Lieu of Record on Appeal
- The parties may prepare and sign a statement showing agreement of certain issues of fact allowing the appeal to be determined without having to examine all the pleadings and proceedings.
- Within _________ after the appellant has taken his appeal, the statement shall be presented to the court for approval as the record on appeal
TWENTY(20)DAYS
5530- Filing Record and Briefs; Service of Briefs
Within ____________ after the settlement of the transcript or statement in lieu of transcript, the appellant shall file with the clerk of the court where the appeal is taken, the record on appeal and the required number of copies of his brief, and then serve upon the adverse party ____________ of his brief. The respondent then replies by filing and serving a like number of copies of his brief within ______________
A reply brief may then be filed by the appellant within _________
TWENTY(20) DAYS……. THREE(3)COPIES ………….TWENTY(20) DAYS ………TEN(10)DAYS
5530- Filing Record and Briefs; Service of Briefs
- (Bard) If both parties appeal from the same judgment or order, the plaintiff or appellant in the court from which the appeal is taken will file and serve their brief first. The responding brief must be filed and served within __________ after service of the first brief and must include the points and arguments on the cross-appeal.
- After the responding brief is filed, a reply brief may be filed within _________ , and a reply brief to the cross-appeal may be filed within ___________ after the service of the reply to the first brief.
15 days…….. 15 days…….. 10 days
