Section 800.4 Alternative methods of prosecuting appeals and review proceedings.

 (b) Appendix  method.  When the appendix method is used, appellant shall file with the clerk a single copy of the papers constituting the record on appeal or record on review prepared in accordance with section 800.5 of this Part, with proof of service of a copy upon each adverse party or, in lieu thereof, appellant may file with the clerk proof of service of a notice upon each adverse party that the single copy of the record has been filed in the office of the clerk of this court.  In the alternative, when serving appellant's brief, appellant may serve the single copy of the record upon respondent and shall so state in an affidavit of service.  A respondent upon whom the single copy of the record has been served shall file the record with the clerk of this court within 30 days from the date of its service upon him.  When there are two or more adverse parties, appellant shall obtain instructions from the clerk for use of a single record by respondents and its filing with the clerk. Appellant's or petitioner's brief shall contain an appendix in compliance with section 800.8(b) of this Part.

Section 800.5 Record on appeal or review.

 (a) Form and content.   A record on appeal or record on review shall be on good quality, white, unglazed paper and shall comply with CPLR 5526 as to size and form.  Carbon copies will not be accepted.  Bulky records shall be divided into volumes not to exceed one and one-half inches in thickness and shall be bound on the left margin with a flat clasp or similar type of fastener.  The record shall contain, in the following order, so much of the following items as shall be applicable to the particular appeal or proceeding:

(1) a soft cover containing the title and the names, addresses and telephone numbers of attorneys;

(2) a table of contents which shall list and briefly describe each paper included in the record, each witness' testimony and each exhibit.  The part relating to a transcript of testimony shall separately state as to each witness the page at which direct, cross, redirect and recross examination begins. The part relating to exhibits shall briefly describe each exhibit and shall indicate the page where offered or admitted in evidence and whether the exhibit has been omitted from the record;

(3) a statement pursuant to CPLR 5531;

(4) the notice of appeal or order of transfer, judgment or order appealed from, judgment roll, corrected transcript or statement in lieu thereof, any affidavits and relevant exhibits or copies of them, and any opinion or decision in the case;

(5) a stipulation or order settling the transcript pursuant to CPLR 5525(c);
 
 

(6) a stipulation dispensing with reproducing any exhibits.  Exhibits may be omitted from the record pursuant to stipulation of counsel or by permission of the presiding justice. Omitted exhibits which are material to the issues raised on appeal shall be filed when briefs are filed.  All exhibits, whether omitted from the record or not, shall be listed and briefly described in the table of contents;

(7) the appropriate certification or stipulation as required by section 800.7 of this Part.

 (b) Exhibits.  Exhibits which are material to the issues raised by any party shall be made available to the court.  Exhibits not relevant, as well as bulky, dangerous or irreplaceable exhibits, need not, however, be filed unless the clerk otherwise directs.  Except in appropriation cases, appellant when filing his brief shall also file the original or a certified copy of each exhibit upon which he relies or has reason to believe a respondent will rely.  Exhibits under a respondent's control or under the control of a third person shall be filed either pursuant to a five-day written demand served by appellant upon a respondent or pursuant to a subpoena duces tecum issued in accordance with CPLR, article 23.  Appellant shall also file with his brief proof of service of such a demand or subpoena, together with a list of all relevant exhibits.  In appropriation cases, each party shall file with his brief two copies of each appraisal report upon which he relies.
 

Section 800.8 Form and content of brief and appendix.

b) Appendixes.  An appendix shall comply with CPLR 5529 and may be bound in the brief or separately.  Appellant's appendix shall contain such parts of the record on appeal as are necessary to consider the questions involved, including at least the following:

(1) notice of appeal;

(2) judgment, decree or order appealed from;

(3) decision and opinion of the court or agency, and report of a referee, if any;

(4) pleadings, if their sufficiency, content or form is in issue or material; in a criminal case, the indictment;

(5) relevant excerpts from transcripts of testimony or of averments in motion papers upon which appellant relies or has reason to believe respondent will rely; in addition, in a criminal case, the sentencing minutes;

(6) charge to the jury; and

(7) copies of critical exhibits, including photographs, to the extent practicable.

 (c) Inadequate appendix.  If an appendix fails to comply with this section, the adverse party, within 10 days from its receipt, may move to compel a party to file a further appendix.  A respondent may also file an appendix to respondent's brief containing relevant portions of the record omitted from appellant's brief.