CPLR Article 55

Question 1

T/F? Generally, the court of appeals reviews questions of law.

Answer 1

True (CPLR 5501)

Question 2

T/F? The appellate division reviews questions of laws

Answer 2

False (CPLR 5501)

and questions of fact

Question 3

T/F? The appellate term reviews questions of law and questions of fact.

Answer 3

True (CPLR 5501)

Question 4

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.

Answer 4

60 (CPLR 5515)

Question 5

Appeal shall be taken by serving on the adverse party a notice of appeal AND __________.

Answer 5

Filling it in office where judgment/order is entered (CPLR 5515)

Question 6

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.

Answer 6

8, 15 (CPLR 5516)

Question 7

Preference shall also be given to appeals from judgments, orders or decrees brought under ________.

Answer 7

FCA Articles 3, 6 (parts 1 and 2), 7, 10, 10-A, and 358-a, 383-c, 384, 384-b of SSL.
(CPLR 5521)

Question 8

A judgment directed by an appellate court must be entered by the clerk of _______.

Answer 8

The court to Which remission is made (CPLR 5524)

Question 9

The party who appeals is known as the __________.

Answer 9

Appellant (CPLR 5511)

Question 10

The adverse party to the appellant is known as _______.

Answer 10

The respondent (CPLR 5512)

Question 11

In a civil case you may appeal a ______ or _______.

Answer 11

Judgment or order (CPLR 5512)

Question 12

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.

Answer 12

30 (CPLR 5513)

Question 13

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

Answer 13

B. 1, 2 and 3 (CPLR 5515)

Question 14

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

Answer 14

D. 1 and 2 (CPLR 5517)

Question 15

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

Answer 15

C. An order or a final judgment can be appealed (CPLR 5501)

Question 16

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 2

Answer 16

B. 2 only (CPLR 5511)

Question 17

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

Answer 17

C. Service of copy of judgment or order with notice of entry

(CPLR 5513)

Question 18

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

Answer 18

D. If an undertaking is filed (CPLR 5519)

Question 19

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

Answer 19

B. Transcript of court proceedings must be sent to appellate court
(CPLR 5527)

Question 20

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

Answer 20

D. Any remark made by judge to which the appellant did not object
(CPLR 5501)

Question 21

Generally, following may be appealed 
A. Judgment and decision 
B. Order and decision 
C. Judgment and order 
D. None of the above

Answer 21

C. Judgment and order (CPLR 5512)

Question 22

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

Answer 22

D. 60 (CPLR 5514)

Question 23

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

Answer 23

C. All above items (1-6) belong in a record on appeal (CPLR 5526)

Question 24

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

Answer 24

A. 20…3…15…10 (CPLR 5530)