CPLR Art 55 volume 3

Question 1

5520- Omissions; Appeal by improper Method

(Bard) If an appellant serves or files a timely notice of appeal but misses the deadline for another ______________, the court may grant an extension of time if the appellant’s mistake or neglect was excusable.

Answer 1

required act,

Question 2

5520- Omissions; Appeal by improper Method

There can be an appeal by _________ instead of as right even if it could have been appealed as of right.

([Bard] Deeper Explanation: An appeal taken by permission shall not be dismissed upon the ground that the appeal could have been made as of right and was not taken within the time limited for an appeal as of right, as long the motion for permission was made within the time limited for taking the appeal.)

Answer 2

permission

Question 3

5520- Omissions; Appeal by improper Method

Defects in the form of a notice of appeal can be considered valid in the ________

Answer 3

interests of justice

Question 4

**5521- Preferences

Preferences for appeal may be granted in the discretion of the court. A preference will also be given to orders or judgments stemming from the following articles:

1. Family Court Act: Articles ______________________________

Answer 4

-3 (JD),7 (PINS),10 and 10A (ABUSE and NEGLECT)

Question 5

**5521- Preferences

Preferences for appeal may be granted in the discretion of the court. A preference will also be given to orders or judgments stemming from the following articles:

2. Social Services Law: 358a (Dependent children in foster care), 383c (Guardianship and custody of children in foster care), 384 (Guardianship and custody of children not in foster care), 384b (Guardianship and custody of destitute or dependent children)

Answer 5

**5521- Preferences

Preferences for appeal may be granted in the discretion of the court. A preference will also be given to orders or judgments stemming from the following articles:

2. Social Services Law: 358a (Dependent children in foster care), 383c (Guardianship and custody of children in foster care), 384 (Guardianship and custody of children not in foster care), 384b (Guardianship and custody of destitute or dependent children)

Question 6

**5521- Preferences

Preferences for appeal may be granted in the discretion of the court. A preference will also be given to orders or judgments stemming from the following articles:

3. Public Officers Law - Section 89 (4)(d) (appeals to appellate division of the supreme court following denial to access to government records) & 5(d)(ii) (appeals to appellate division of the supreme court after denial of request to exclude information in government records from disclosure)

Answer 6

**5521- Preferences

Preferences for appeal may be granted in the discretion of the court. A preference will also be given to orders or judgments stemming from the following articles:

3. Public Officers Law - Section 89 (4)(d) (appeals to appellate division of the supreme court following denial to access to government records) & 5(d)(ii) (appeals to appellate division of the supreme court after denial of request to exclude information in government records from disclosure)

Question 7

5522- Disposition of Appeal
A court to which an appeal is taken may ____________________________ wholly or in part any judgment. They must state the grounds of its decision

Answer 7

“rAm”

reverse, affirm or modify (RAM)

Question 8

5523- Restitution+

A court reversing or modifying a final judgment or order may order __________ of property or rights lost by the judgment or order

Answer 8

restitution

Question 9

5524- Entry of Order+

• An order of a court to which an appeal is taken determining the appeal shall be entered in the _____________ of that court and a copy shall be remitted to the clerk of the court of __________________
• The appellate court’s order and the record on appeal will be sent to the clerk of the court of original instance, unless further proceedings are ordered in another court, in which case they will be sent to the clerk of that court. The entry of such copy shall be authority for any further proceedings. Any judgment directed by the order shall be entered by the clerk of the court to which remission is made.

Answer 9

office of the clerk of the court……… original instance

Question 10

5525- Preparation and Settlement of Transcript; Statement in Lieu of Transcript+

Where a stenographic record of a proceeding is made, the appellant within the time for taking the appeal shall serve upon the reporter a request for a transcript of the proceeding and shall pay the fee for such. Unless the appellant is the __________________, then no fee is due.

Answer 10

state or a subdivision is the state

Question 11

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

Answer 11

TWO (2)

Question 12

5525- Preparation and Settlement of Transcript; Statement in Lieu 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 __________ report, or
• a decision of the court upon a trial _____________ and he relies only upon exceptions to rulings on questions of law made after the case is finally submitted.

Answer 12

Referee’s ……… without a jury,

Question 13

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

Answer 13

FIFTEEN(15) DAYS……… FIFTEEN (15) DAYS

Question 14

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

Answer 14

FOUR (4) DAYS

Question 15

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

Answer 15

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.

Question 16

5526- Content and Form of Record on Appeal+
The record on appeal from a final judgment shall consist of:

1.The notice of ____________
2.The ___________
3. The corrected ____________ or _________________ of transcript
4. Any relevant _________ or copies
5. Any ____________order
6. Any ______________ in the case

• All documents submitted shall be ________ with the pages numbered

Answer 16

Appeal……….judgment roll…… transcript……… statement in lieu…Any relevant exhibits or copies….reviewable order…… opinions……. 8 1/2 by 11

Question 17

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

Answer 17

TWENTY(20)DAYS

Question 18

5528- Content of Briefs and Appendices

The brief of an appellant shall contain:

1. A table of _________
2. A concise statement of less than ____________ pages of the questions involved
3. A concise statement of the __________ of the case and facts involved
4. The ___________ of the appellant
5. An appendix containing only _____________ of the record on appeal

Answer 18

Contents…. TWO …. nature…… argument…….. necessary parts

Question 19

5528- Content of Briefs and Appendices

The respondent’s brief shall contain the ____________ of the appellant’s brief

Answer 19

basic requirements

Question 20

5528- Content of Briefs and Appendices

The court can withhold or impose _________ for not conforming to the requirements of Briefs and Appendices

Answer 20

costs

Question 21

5529- Form of Briefs and Appendices

• Briefs and appendices shall be legible on__________ paper with black ink on white paper.
• Pages shall be numbered consecutively.
• Pages of appendices attached shall be numbered consecutively with each page number preceded by the letter “___”
• The answer to a question in the appendix shall not begin __________

Answer 21

8 1/2 by 11 …… a new paragraph

Question 22

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 _________

Answer 22

TWENTY(20) DAYS……. THREE(3)COPIES ………….TWENTY(20) DAYS ………TEN(10)DAYS

Question 23

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.

Answer 23

15 days…….. 15 days…….. 10 days

Question 24

5531- Description of Action
The appellant shall file together along with the record on appeal in both criminal and civil actions, a statement with the following information listed and numbered in this order:

1. The ________
2. The ________ of the parties
3. The _________ and _______ where commenced
4. The __________ when the action was commenced and pleadings served
5. A description of the __________ and object of the action
6. A statement as to whether the appeal is from a __________ or _____________
7. The dates of _________of the judgment or order appealed from
8. The name of the _______ or ___________ from the judgment or order
9. A statement as to the _________ of appeal being used:

• 10. whether the appeal is on a ________________ , printed or reproduced, or
• 11. on the _______________ in which event, state whether the appendix method is being used, or leave to prosecute the appeal on the original record was granted by the court or by statute.

Answer 24

1. index number……
2. full name….
3. court and county ..
4. date …
5. nature …
6. judgment or order.
7. Entry……
8. judge or justice…….
9. method…………..
10. full record………
11. original record,

Question 25

5532- Stipulation in Lieu of Certification

The parties or their attorneys may stipulate to the correctness of the record on appeal in lieu of ____________

Answer 25

certification