Blog Post For : Appellate Division

As with most nomenclature in the legal profession, terminology can be misleading or often appear more confusing to the practitioner than need be. “Settling” the transcripts is one of these terms; “settling” a transcript is synonymous with “correcting” the transcript. Essentially, settling a transcript is predicated on the basis that the record on appeal must “contain all of the relevant papers that were before the Supreme Court, including the transcript, if any, of the proceedings.” Matison v. County of Nassau (2002) 290 AD2d 494, 495. An Appellant must provide the Court with the full transcript, otherwise the record on appeal…

Applications for expedited relief in the First Department may be used whenever a party seeks any kind of expedited and/or interim relief. They are commonly used to obtain an enlargement of time to file a respondent’s brief or a reply brief when the parties are not able to enter into and file a stipulation by the designated deadlines in the Term Calendar. In contrast to other departments within the Appellate Division, letter requests for extensions of time on respondent’s briefs and reply briefs are not permitted in the First Department due to the Term Calendar system. They are also frequently…