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This entry was published on 2014-09-22
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Appeals Generally
Civil Practice Law & Rules (CVP) CHAPTER 8


5501. Scope of review.

(a) Generally, from final judgment.

(b) Court of appeals.

(c) Appellate division.

(d) Appellate term.

5511. Permissible appellant and respondent.

5512. Appealable paper; entry of order made out of court.

(a) Appealable paper.

(b) Entry of order made out of court.

5513. Time to take appeal, cross-appeal or move for permission

to appeal.

(a) Time to take appeal as of right.

(b) Time to move for permission to appeal.

(c) Additional time where adverse party takes appeal or

moves for permission to appeal.

5514. Extension of time to take appeal or to move for permission

to appeal.

(a) Alternate method of appeal.

(b) Disability of attorney.

(c) Other extensions of time; substitutions or


5515. Taking an appeal; notice of appeal.

5516. Motion for permission to appeal.

5517. Subsequent orders.

(a) Appeal not affected by certain subsequent orders.

(b) Review of subsequent orders.

5518. Preliminary injunction or temporary restraining order by

appellate division.

5519. Stay of enforcement.

(a) Stay without court order.

(b) Stay in action defended by insurer.

(c) Stay and limitation of stay by court order.

(d) Undertaking.

(e) Continuation of stay.

(f) Proceedings after stay.

(g) Appeals in medical, dental or podiatric malpractice


5520. Omissions; appeal by improper method.

(a) Omissions.

(b) Appeal by permission instead of as of right.

(c) Defects in form.

5521. Preferences.

5522. Disposition of appeal.

5523. Restitution.

5524. Entry of order; remittitur and further proceedings.

(a) Entry of order in appellate court.

(b) Remittitur and further proceedings.

5525. Preparation and settlement of transcript; statement in

lieu of transcript.

(a) Preparation of transcript.

(b) Omission of part of transcript.

(c) Settlement of transcript.

(d) Statement in lieu of stenographic transcript.

(e) Special rules prescribing time limitations in

settlement of transcript or statement in lieu

thereof authorized.

5526. Content and form of record on appeal.

5527. Statement in lieu of record on appeal.

5528. Content of briefs and appendices.

(a) Appellant's brief and appendix.

(b) Respondent's brief and appendix.

(c) Appellant's reply brief and appendix.

(d) Joint appendix.

(e) Sanction.

5529. Form of briefs and appendices.

(a) Form of reproduction; size; paper; binding.

(b) Numbering.

(c) Page headings.

(d) Quotations.

(e) Citations of decisions.

(f) Questions and answers.

5530. Filing record and briefs; service of briefs.

(a) Generally.

(b) Upon cross-appeal.

(c) Special rules prescribing times for filing and

serving authorized.

5531. Description of action.

5532. Stipulation in lieu of certification.