Uniform Rules § 208.38

Appeals

(a) A notice of appeal shall not be accepted for filing without proof of service upon all parties.

(b) All papers which are to be included in the return on appeal and prepared by the appellant as required by the applicable provisions of the CPLR, shall be furnished by the appellant to the clerk at the time of filing the notice of settlement provided in section 1704 of the NYCCCA.

(c) In the case of the death, disability or prolonged absence from the city of the judge before whom the action was tried, the return on appeal may be settled by any judge presiding in a motion part in the county in which the judgment was entered, with the same force and effect as if he or she had tried the case.

Official sourcehttps://www.nycourts.gov/rules/part-208-uniform-civil-rules-new-york-city-civil-court

In plain English

A notice of appeal is not accepted for filing without proof of service on all parties. ★ The appellant furnishes the return-on-appeal papers to the clerk at the time of filing the notice of settlement (NYCCCA 1704). If the trial judge has died/is disabled/absent from the city, another motion-part judge may settle the return.

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 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.