(1000.4)
CONTENT AND FORM OF RECORDS, APPENDICES AND BRIEFS; EXHIBITS.

(a) The complete record on appeal.

(1) Stipulated or settled complete record. The complete record on appeal shall be stipulated or settled.

(i) The parties or their attorneys may stipulate to the correctness of the contents of the complete record (see, CPLR 5532).

(ii) When the parties or their attorneys are unable to agree and stipulate to the contents of the complete record on appeal, the contents of the record must be settled by the court from which the appeal is taken. It shall be the obligation of the appellant to make the application to settle the record.

(iii) In a criminal matter, the failure of the parties or their attorneys to list in the stipulation to the record on appeal any transcript, exhibit or other document that constituted a part of the underlying prosecution shall not preclude the Court from considering such transcript, exhibit or
other document in determining the appeal.

(2) Contents of the complete record on appeal.

The complete record on appeal shall include, in the following order: the notice of appeal with proof of service and filing; the order or judgment from which the appeal is taken; the decision, if any, of the court granting the order or judgment; the judgment roll, if any; the pleadings of the action or proceeding; the corrected transcript of the action or proceeding or statement in lieu of transcript, if any; all necessary and relevant motion papers; and, to the extent practicable, all necessary and relevant exhibits (see, CPLR 5526). When the appeal is from a final judgment, the complete record on appeal shall also include any other reviewable order. The complete record on appeal shall also include the description of the action required by CPLR 5531 and the stipulation to the complete record or the order settling the record.

(3) Form of the complete record.

(i) The complete record on appeal shall be bound on the left side in a manner that properly secures all the pages and keeps them firmly together; however, such binding shall not be done by using metal fastener or similar hard material that protrudes or presents a bulky surface or sharp edge.

(ii) The complete record on appeal shall be reproduced by standard typographic printing or by any other duplicating process that produces a clear black image on white paper. The record shall be reproduced on opaque, unglazed white paper, measuring 8½ by 11 inches. Printing shall be of no less than 11-point size.

(iii) The cover of the complete record on appeal shall be white and shall contain the title of the matter clearly identifying the parties to the appeal and the action or proceeding; the names, addresses and telephone numbers of counsel for the parties or, when appropriate, of the parties; in a civil matter, the index number or, in a Court of Claims matter, claim number or motion number assigned in the court from which the appeal is taken; in a criminal matter, the indictment or information number; and the Appellate Division docket number if one has been assigned.

(iv) The complete record on appeal shall be preceded by a table of contents listing and briefly describing the papers included in the record pursuant to 22 NYCRR 1000.4 (a) (2). The table of contents shall list all trial or hearing exhibits, briefly describing the nature of each exhibit, indicating the page of the record  where the exhibit is admitted into evidence and indicating where in the record the exhibit is reproduced.

(v) The pages of the complete record on appeal shall be consecutively paginated. The subject matter of each page of the complete record on appeal shall be stated at the top thereof, except, for papers other than testimony, the subject matter may be stated at the top of the first page of the paper, together with the first and last pages thereof. When testimony is reproduced, the name of the witness, by whom the witness was called and whether the testimony is direct, cross, redirect or recross examination shall be stated at the top of each page (see, CPLR 5526).

(b) Records in consolidated appeals.

(1) Multiple appellants.

When two or more parties take an appeal from a single order or judgment, the appeals may be consolidated on motion pursuant to 22 NYCRR 1000.13 (n) or on stipulation of the parties or their attorneys. A stipulation consolidating appeals shall be signed by the parties to the appeals or their attorneys, shall designate the party bearing primary responsibility for filing the record and shall be duly filed with this Court.

(2) Multiple orders or judgments.

When one party appeals from two or more orders or judgments in the same action, the party may move to consolidate the appeals pursuant to 22 NYCRR 1000.13 (n).

(3) Form and content of records.

When appeals have been consolidated and are perfected on the complete record, the record shall comply with 22 NYCRR 1000.4 (a) and the papers related to each appeal shall be clearly identified in the table of contents and shall be physically separated and conspicuously identified within the record (i.e., by insertion of a tab page or colored divider).

(c) Contents of a statement in lieu of a complete record on appeal - joint appendix.

(1) Pursuant to CPLR 5527, when the questions raised by an appeal can be determined without an examination of all the pleadings and proceedings, the parties or their attorneys may stipulate to a statement showing how the questions arose and were determined by the court from which the appeal is taken and setting forth only those facts alleged and proved or sought to be proved as are necessary to the determination of the appeal. The statement may also include portions of the transcript of the proceedings and other relevant material. The statement shall include a copy of the order or judgment appealed from, the notice of appeal and a statement of the issues to be determined. The stipulated statement shall be presented for approval to the court from which the appeal is taken within 20 days after the notice of appeal has been filed and served. The court from which the appeal is taken may make corrections or additions as necessary to present fully the questions raised by the appeal. The approved statement shall constitute the record on appeal and shall be bound, along with the description required by CPLR 5531 and the order approving the statement, as a joint appendix.

(2) The joint appendix on appeal shall be bound, printed and reproduced as set forth in 22 NYCRR 1000.4 (a) (3).