22 CRR-NY 850.7NY-CRR
22 CRR-NY 850.7
22 CRR-NY 850.7
850.7 Form and content of records and appendices; exhibits.
(a) Exhibits.
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 the appellant upon a respondent or pursuant to a subpoena duces tecum issued in accordance with CPLR article 23. The appellant shall also file with the brief proof of service of such a demand or subpoena together with a list of all relevant exhibits.
(b) Certification of record.
(1) Reproduced full record. A reproduced full record shall be certified as provided in section 1250.7(g) of this Title. Any dispute concerning the certification of the record or the contents of a record so certified shall be directed to the court from which the appeal is taken.
(2) Single copy of the record. When the appendix method is used, in addition to the requirements of section 1250.9(a)(2) of this Title, the appellant is directed to file with the clerk of this court, with proof of service of a copy upon each party to the appeal, one hard copy of the complete record, accompanied by:
(i) a stipulation in lieu of certification pursuant to CPLR 5532;
(ii) a certificate of the appellant's or petitioner's attorney, pursuant to CPLR 2105, after giving each other party 20 days' notice and not having received any objections or proposed amendments to the record, together with an attorney affirmation certifying compliance with the requirements of this section; or
(iii) if the record is incapable of being certified by either of those methods, an order settling the record by the court from which the appeal is taken.
22 CRR-NY 850.7
Current through August 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.