new york state supreme court appellate division third judicial department

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New York State Supreme Court Appellate Division Third Judicial Department

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Page 1: New York State Supreme Court Appellate Division Third Judicial Department

New York StateSupreme Court

Appellate DivisionThird Judicial Department

Page 2: New York State Supreme Court Appellate Division Third Judicial Department

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.

Page 3: New York State Supreme Court Appellate Division Third Judicial Department

Recordon

Appeal

Page 4: New York State Supreme Court Appellate Division Third Judicial Department

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)

Page 5: New York State Supreme Court Appellate Division Third Judicial Department

Sample CPLR 5532 Stipulation800.7 (b) Notice800.7 (b) AffirmationCPLR 2105 Certification

Forms

Page 6: New York State Supreme Court Appellate Division Third Judicial Department

Family CourtAppeals-Record

Page 7: New York State Supreme Court Appellate Division Third Judicial Department

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

Transcripts

Page 8: New York State Supreme Court Appellate Division Third Judicial Department

Lincoln Hearings are Confidential, In-Camera Hearings

that are for The Court’s Use OnlySee 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

Lincoln Hearings

Page 9: New York State Supreme Court Appellate Division Third Judicial Department

Record Cover

Table for Record

Family Court Forms

Page 10: New York State Supreme Court Appellate Division Third Judicial Department

Criminal Appeals Record

Page 11: New York State Supreme Court Appellate Division Third Judicial Department

Record Cover

Table for Record

Criminal Forms

Page 12: New York State Supreme Court Appellate Division Third Judicial Department

Presentence Investigation ReportsGrand 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

Page 13: New York State Supreme Court Appellate Division Third Judicial Department

Briefs

Page 14: New York State Supreme Court Appellate Division Third Judicial Department

FORMAT OF BRIEFS:

SPACING: TEXT DOUBLE-SPACED

HEADINGS & FOOTNOTESMAY BE SINGLE-SPACED

QUOTATIONS MORE THAN 2 INCHES LONG MAY BEINDENTED & SINGLE-SPACED

FONT SIZE:TIMES NEW ROMAN14 POINT TYPE IN BODY12 POINT TYPE FOR FOOTNOTES

(or)COURIER12 POINT TYPE IN BODY10 POINT TYPE FOR FOOTNOTES

MARGINS: ONE INCH ON ALL SIDES

Page 15: New York State Supreme Court Appellate Division Third Judicial Department

Family Court Appeals Brief

Page 16: New York State Supreme Court Appellate Division Third Judicial Department

Brief and Appendix CoverTable Brief and Appendix

Family Court

Page 17: New York State Supreme Court Appellate Division Third Judicial Department

Criminal Appeals Brief

Page 18: New York State Supreme Court Appellate Division Third Judicial Department

Brief and Appendix CoverTable Brief and Appendix

Criminal Brief Forms

Page 19: New York State Supreme Court Appellate Division Third Judicial Department

• Page Numbers

LEGIBILITY

• Exhibits

•Make sure you can read each document

Page 20: New York State Supreme Court Appellate Division Third Judicial Department

•Attach cases that are not readily accessible on Westlaw or Lexis

Addendum to Briefs

•No New Evidence

•Only Unreported Decisions

Page 21: New York State Supreme Court Appellate Division Third Judicial Department

CALENDARING PROCEDURES

• Demand Letter

• Term Letter

• Notice to Counsel

• Term Calendar

• Session Calendar

Page 22: New York State Supreme Court Appellate Division Third Judicial Department

Check Website for Rules, Forms, Calendars and

Decisions

www.nycourts.gov/ad3

Page 23: New York State Supreme Court Appellate Division Third Judicial Department

CALL CLERK’S OFFICE IF IN DOUBT OF ANY OF OUR

RULES AND PROCEDURES

518-471-4777

E-MAIL ADDRESS

[email protected]