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Blog Post For : Second Department

What Does it Mean to “Settle” a Transcript?

Anna Hettwer First Department, Appellate Division, Second Department, Appellate attorney

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…

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Supplementing the Record on Appeal Versus Enlarging the Scope of the Record in the New York Appellate Division, Second Department

AppealTech Appellate Rules, Appellate Division, Second Department

As in all departments of the New York Appellate Division, in order to file a supplemental record in the Second Department, the filer must first obtain a stipulation of the parties or an order of the court. However, there is frequently much confusion about what may be included in a supplemental record on appeal.                 On June 12, 2019, the Second Department announced that it had added a provision to its local rules, Section 670.7, and made clear that the discretion of the parties to stipulate to a supplemental record on appeal is limited.…

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