Rule 5532. Stipulation in lieu of certification. The parties or their attorneys may stipulate as to the correctness of the entire record on appeal or any portion thereof in lieu of certification.
The parties (or their attorneys) may stipulate to the correctness of the record (whole or part) instead of certification.
★ Exam hits:
Appeal as of right = 30 days from service of the judgment/order with written notice of entry (§ 5513). Adversary-first bump = 10 days or the 30, whichever is longer. Attorney-disability extension = 60 days (§ 5514).
Court of Appeals reviews LAW only; Appellate Division reviews LAW and FACT (§ 5501). Appellate Division's money-verdict test = "deviates materially from what would be reasonable compensation."
You cannot appeal your own default; only an aggrieved party appeals; appellant vs. respondent (§ 5511).
§ 5519 stays: government appellant = automatic stay, no bond; private money judgment = automatic stay only with an undertaking (bond). Only the court to which the appeal is taken can lift the government (a)(1) stay. Med-mal over $1M needs a $1M-or-policy-limit undertaking. Affirmance/modification continues the stay 5 days.
Take the appeal by serving AND filing the notice of appeal; it must name the party, the judgment/order, and the target court (§ 5515). Court of Appeals notices/leave orders are sent "forthwith" by the clerk.
Transcript settlement: 15/15 days (amendments/objections), 4 days' notice for disputes (§ 5525). Record filing: 20 days to file record + brief; respondent 15 days; reply 10 days (§ 5530).
Physical specs: record and briefs are 11" x 8½"; appendix pages numbered with an "A" prefix (§§ 5526, 5529).
Verbatim statute: CPLR - Article 55
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.