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New York State Supreme Court Appellate Division Third Judicial Department.

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Presentation on theme: "New York State Supreme Court Appellate Division Third Judicial Department."— Presentation transcript:

1 New York State Supreme Court Appellate Division Third Judicial Department

2 GENERAL GUIDELINES: EACH VOLUME OF RECORD OR APPENDIX CANNOT EXCEED 1-1/2" IN THICKNESS COVER OF EACH VOLUME MUST INDICATE: VOLUME I OF [IV] EACH VOLUME MUST CONTAIN A DETAILED TABLE OF CONTENTS EACH VOLUME BOUND ALONG LEFT-HAND SIDE STAPLES SHOULD BE TAPED DOWN PROPER PAGINATION: 1a, 2a, 3a, etc.

3 Record on Appeal

4 Single Copy Record Must be Stipulated to by the Parties Use 800.7(b) Notice (20-Day Notice to Sign the Stipulation, or propose amendments or raise objections to the record)

5 Sample CPLR 5532 Stipulation 800.7 (b) Notice 800.7 (b) Affirmation CPLR 2105 Certification

6 Family Court Appeals-Record

7 Appellant’s Assigned Attorney sends their Copy of the Transcripts to Respondent’s Attorney The Non-Appellant Attorney for the Child Must Contact the Appellate Division for a Copy of the Transcripts

8 Lincoln Hearings are Confidential, In-Camera Hearings that are for The Court’s Use Only See Family Court Act Section 664 (b) The Transcript of the Hearing is sent to the Court Under Seal by the Family Court The Parties Are Not Privy to the Contents of this Hearing

9 Record Cover Table for Record

10 Criminal Appeals Record

11 Record Cover Table for Record

12 Presentence Investigation Reports Grand Jury Minutes Psychological Evaluations/Reports Should be filed separately but should be noted in the table of contents If they are referenced throughout your brief include copies so that they can be distributed to the judges

13 Briefs

14 FORMAT OF BRIEFS: SPACING: TEXT DOUBLE-SPACED HEADINGS & FOOTNOTES MAY BE SINGLE-SPACED QUOTATIONS MORE THAN 2 INCHES LONG MAY BE INDENTED & SINGLE-SPACED FONT SIZE: TIMES NEW ROMAN 14 POINT TYPE IN BODY 12 POINT TYPE FOR FOOTNOTES (or) COURIER 12 POINT TYPE IN BODY 10 POINT TYPE FOR FOOTNOTES MARGINS:ONE INCH ON ALL SIDES

15 Family Court Appeals Brief

16 Brief and Appendix Cover Table Brief and Appendix Family Court

17 Criminal Appeals Brief

18 Brief and Appendix Cover Table Brief and Appendix Criminal Brief Forms

19 Page Numbers LEGIBILITY Exhibits Make sure you can read each document

20 Attach cases that are not readily accessible on Westlaw or Lexis Addendum to Briefs No New Evidence Only Unreported Decisions

21 CALENDARING PROCEDURES Demand Letter Term Letter Notice to Counsel Term Calendar Session Calendar

22 Check Website for Rules, Forms, Calendars and Decisions www.nycourts.gov/ad3

23 CALL CLERK’S OFFICE IF IN DOUBT OF ANY OF OUR RULES AND PROCEDURES 518-471-4777 E-MAIL ADDRESS ad3clerksoffice@courts.state.ny.us


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