S T A T E O F N E W Y O R K
________________________________________________________________________
10428
I N A S S E M B L Y
March 28, 2000
___________
Introduced by M. of A. JOHN, WEINSTEIN -- Multi-Sponsored by -- M. of A.
SEDDIO, SIDIKMAN -- (at request of the Office of Court Administration)
-- read once and referred to the Committee on Judiciary
AN ACT to amend the New York city civil court act, the uniform district
court act, the uniform city court act and the uniform justice court
act, in relation to perfecting appeals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (a) of section 1704 of the New York city civil
2 court act, as amended by chapter 25 of the laws of 1982, is amended to
3 read as follows:
4 (a) When an appeal has been taken as herein prescribed, the stenogra-
5 pher`s original transcript of minutes must be furnished to the clerk
6 within ten days after the fees therefor have been paid. Immediately upon
7 receiving such minutes the clerk shall cause notice of that fact to be
8 sent to the attorney for the appellant, or to the appellant if he OR SHE
9 has not appeared by attorney. WITHIN FIFTEEN DAYS AFTER RECEIVING THE
10 TRANSCRIPT FROM THE CLERK, OR FROM ANY OTHER SOURCE, THE APPELLANT OR
11 THE APPELLANT`S ATTORNEY SHALL MAKE ANY PROPOSED AMENDMENTS AND CAUSE
12 THEM TO BE SERVED, TOGETHER WITH A COPY OF THE TRANSCRIPT, ON THE ATTOR-
13 NEY FOR THE RESPONDENT, OR ON THE RESPONDENT IF HE OR SHE HAS NOT
14 APPEARED BY ATTORNEY. WITHIN FIFTEEN DAYS AFTER SUCH SERVICE, THE
15 RESPONDENT OR THE RESPONDENT`S ATTORNEY SHALL MAKE ANY PROPOSED AMEND-
16 MENTS TO THE TRANSCRIPT OR OBJECTIONS TO THE PROPOSED AMENDMENTS OF THE
17 APPELLANT AND CAUSE THEM TO BE SERVED ON THE APPELLANT`S ATTORNEY OR ON
18 THE APPELLANT IF HE OR SHE HAS NOT APPEARED BY ATTORNEY. The appellant
19 or his OR HER attorney shall then procure the case to be settled on a
20 written notice of at least {three} FOUR days to the clerk and to the
21 attorney for the respondent or to the respondent if he OR SHE has not
22 appeared by attorney, returnable before the judge who tried the case.
23 The clerk must thereupon make a return to the appellate court, which
24 must contain the summons or notice of petition, pleadings, evidence,
25 judgment and all other necessary papers and proceedings, and have
26 annexed thereto the opinion of the court, if any, and the notice of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD15099-03-0
A. 10428 2
1 appeal. The judge before whom the case was tried shall within five days
2 from the date of the submission to {him} THE COURT of the case on
3 appeal, settle the case and indorse his OR HER settlement on the return.
4 In lieu of the judge settling the case and indorsing his OR HER settle-
5 ment on the return, the parties may stipulate that the transcript
6 together with the proposed amendments, if any, AND ALL OTHER ELEMENTS OF
7 THE RETURN are correct. The clerk must thereupon cause the return to be
8 filed with the clerk of the appellate court. After a judge is out of
9 office he OR SHE may settle the case in any action or proceeding tried
10 before him OR HER and may be compelled by the appellate court so to do.
11 S 2. Subdivision (a) of section 1704 of the uniform district court
12 act, as amended by chapter 25 of the laws of 1982, is amended to read as
13 follows:
14 (a) When an appeal has been taken, the stenographer`s original tran-
15 script of minutes must be furnished to the clerk within ten days after
16 the fees therefor have been paid. Immediately upon receiving such
17 minutes the clerk shall cause notice of that fact to be sent to the
18 attorney for the appellant, or to the appellant if he OR SHE has not
19 appeared by attorney. WITHIN FIFTEEN DAYS AFTER RECEIVING THE TRAN-
20 SCRIPT FROM THE CLERK, OR FROM ANY OTHER SOURCE, THE APPELLANT OR THE
21 APPELLANT`S ATTORNEY SHALL MAKE ANY PROPOSED AMENDMENTS AND CAUSE THEM
22 TO BE SERVED, TOGETHER WITH A COPY OF THE TRANSCRIPT, ON THE ATTORNEY
23 FOR THE RESPONDENT, OR ON THE RESPONDENT IF HE OR SHE HAS NOT APPEARED
24 BY ATTORNEY. WITHIN FIFTEEN DAYS AFTER SUCH SERVICE, THE RESPONDENT OR
25 THE RESPONDENT`S ATTORNEY SHALL MAKE ANY PROPOSED AMENDMENTS TO THE
26 TRANSCRIPT OR OBJECTIONS TO THE PROPOSED AMENDMENTS OF THE APPELLANT AND
27 CAUSE THEM TO BE SERVED ON THE APPELLANT`S ATTORNEY OR ON THE APPELLANT
28 IF HE OR SHE HAS NOT APPEARED BY ATTORNEY. The appellant or his OR HER
29 attorney shall then procure the case to be settled on a written notice
30 of at least {three} FOUR days to the clerk and to the attorney for the
31 respondent or to the respondent if he OR SHE has not appeared by attor-
32 ney, returnable before the judge who tried the case. The clerk must
33 thereupon make a return to the appellate court, which must contain the
34 summons or notice of petition, pleadings, evidence, judgment and all
35 other necessary papers and proceedings, and have annexed thereto the
36 opinion of the court, if any, and the notice of appeal. The judge
37 before whom the case was tried shall within five days from the date of
38 the submission to {him} THE COURT of the case on appeal, settle the case
39 and indorse his OR HER settlement on the return. In lieu of the judge
40 settling the case and indorsing his OR HER settlement on the return, the
41 parties may stipulate that the transcript together with the proposed
42 amendments, if any, AND ALL OTHER ELEMENTS OF THE RETURN are correct.
43 The clerk must thereupon cause the return to be filed with the clerk of
44 the appellate court. After a judge is out of office he OR SHE may
45 settle the case in any action or proceeding tried before him OR HER and
46 may be compelled by the appellate court so to do.
47 S 3. Subdivision (a) of section 1704 of the uniform city court act, as
48 amended by chapter 25 of the laws of 1982, is amended to read as
49 follows:
50 (a) When an appeal has been taken, the stenographer`s original tran-
51 script of minutes must be furnished to the clerk within ten days after
52 the fees therefor have been paid. Immediately upon receiving such
53 minutes the clerk shall cause notice of that fact to be sent to the
54 attorney for the appellant, or to the appellant if he OR SHE has not
55 appeared by attorney. WITHIN FIFTEEN DAYS AFTER RECEIVING THE TRAN-
56 SCRIPT FROM THE CLERK, OR FROM ANY OTHER SOURCE, THE APPELLANT OR THE
A. 10428 3
1 APPELLANT`S ATTORNEY SHALL MAKE ANY PROPOSED AMENDMENTS AND CAUSE THEM
2 TO BE SERVED, TOGETHER WITH A COPY OF THE TRANSCRIPT, ON THE ATTORNEY
3 FOR THE RESPONDENT, OR ON THE RESPONDENT IF HE OR SHE HAS NOT APPEARED
4 BY ATTORNEY. WITHIN FIFTEEN DAYS AFTER SUCH SERVICE, THE RESPONDENT OR
5 THE RESPONDENT`S ATTORNEY SHALL MAKE ANY PROPOSED AMENDMENTS TO THE
6 TRANSCRIPT OR OBJECTIONS TO THE PROPOSED AMENDMENTS OF THE APPELLANT AND
7 CAUSE THEM TO BE SERVED ON THE APPELLANT`S ATTORNEY OR ON THE APPELLANT
8 IF HE OR SHE HAS NOT APPEARED BY ATTORNEY. The appellant or his OR HER
9 attorney shall then procure the case to be settled on a written notice
10 of at least {three} FOUR days to the clerk and to the attorney for the
11 respondent or to the respondent if he OR SHE has not appeared by attor-
12 ney, returnable before the judge who tried the case. The clerk must
13 thereupon make a return to the appellate court, which must contain the
14 summons or notice of petition, pleadings, evidence, judgment and all
15 other necessary papers and proceedings, and have annexed thereto the
16 opinion of the court, if any, and the notice of appeal. The judge before
17 whom the case was tried shall within five days from the date of the
18 submission to {him} THE COURT of the case on appeal, settle the case and
19 indorse his OR HER settlement on the return. In lieu of the judge
20 settling the case and indorsing his OR HER settlement on the return, the
21 parties may stipulate that the transcript together with the proposed
22 amendments, if any, AND ALL OTHER ELEMENTS OF THE RETURN are correct.
23 The clerk must thereupon cause the return to be filed with the clerk of
24 the appellate court. After a judge is out of office he OR SHE may settle
25 the case in any action or proceeding tried before him OR HER and may be
26 compelled by the appellate court so to do.
27 S 4. Subdivision (a) of section 1704 of the uniform justice court act,
28 as amended by chapter 25 of the laws of 1982, is amended to read as
29 follows:
30 (a) 1. When an appeal has been taken, the stenographer`s original
31 transcript of minutes, if such minutes were taken, must be furnished to
32 the clerk within ten days after the fees therefor have been paid. If
33 testimony was given but stenographic minutes were not taken, the clerk
34 shall prepare minutes of the proceedings within thirty days after the
35 filing of the notice of appeal, such minutes to consist of a statement
36 sufficiently descriptive of the testimony to make possible appellate
37 review. Immediately upon receipt or preparation of the minutes, the
38 clerk shall cause notice of that fact to be sent to the ATTORNEY FOR THE
39 APPELLANT, OR TO THE appellant IF HE OR SHE HAS NOT APPEARED BY ATTOR-
40 NEY. IF THE CLERK HAS PREPARED THE MINUTES, HE OR SHE ALSO SHALL CAUSE
41 COPIES THEREOF TO BE SERVED UPON THE ATTORNEYS FOR THE APPELLANT AND THE
42 RESPONDENT, OR UPON THE APPELLANT AND THE RESPONDENT IF THEY DO NOT
43 APPEAR BY ATTORNEY.
44 2. (I) IF MINUTES WERE TAKEN BY A STENOGRAPHER, WITHIN FIFTEEN DAYS OF
45 RECEIPT OF A COPY OF THE STENOGRAPHIC TRANSCRIPT OF THE MINUTES, THE
46 APPELLANT OR THE APPELLANT`S ATTORNEY SHALL MAKE ANY PROPOSED AMENDMENTS
47 AND CAUSE THEM TO BE SERVED, TOGETHER WITH A COPY OF THE TRANSCRIPT, ON
48 THE ATTORNEY FOR THE RESPONDENT, OR ON THE RESPONDENT IF HE OR SHE HAS
49 NOT APPEARED BY ATTORNEY. WITHIN FIFTEEN DAYS AFTER RECEIPT OF SUCH
50 SERVICE, THE RESPONDENT OR THE RESPONDENT`S ATTORNEY SHALL MAKE ANY
51 OBJECTIONS TO THE AMENDMENTS PROPOSED BY THE APPELLANT AND MAKE SUCH
52 FURTHER PROPOSED AMENDMENTS TO THE TRANSCRIPT AS ARE DEEMED NECESSARY,
53 AND CAUSE THEM TO BE SERVED ON THE ATTORNEY FOR THE APPELLANT, OR ON THE
54 APPELLANT IF HE OR SHE HAS NOT APPEARED BY ATTORNEY.
55 (II) IF THE CLERK PREPARED THE MINUTES, WITHIN FIFTEEN DAYS AFTER THE
56 DATE OF RECEIPT OF A COPY OF SUCH MINUTES, THE ATTORNEYS FOR THE APPEL-
A. 10428 4
1 LANT AND THE RESPONDENT, OR THE APPELLANT AND THE RESPONDENT IF THEY
2 HAVE NOT APPEARED BY ATTORNEY, SHALL FORWARD TO THE COURT ANY PROPOSED
3 AMENDMENTS TO THE MINUTES.
4 3. The appellant OR HIS OR HER ATTORNEY shall then procure the case to
5 be settled on a written notice of at least {three} FOUR days to the
6 clerk and to the ATTORNEY FOR THE RESPONDENT OR TO THE respondent IF HE
7 OR SHE HAS NOT APPEARED BY ATTORNEY, returnable before the justice who
8 tried the case. The clerk shall thereupon prepare a return, which shall
9 contain the summons or notice of petition, pleadings, evidence, judgment
10 or order, notice of appeal, opinion of the court, if any, and all other
11 papers necessary for appellate review of the judgment or order appealed
12 from. Within five days after the return day of the notice to settle the
13 case, the justice shall settle the same and indorse his OR HER settle-
14 ment on the return. In lieu of the {judge} JUSTICE settling the case and
15 indorsing his OR HER settlement on the return, the parties may stipulate
16 that the transcript (OR THE MINUTES PREPARED BY THE CLERK, IF APPROPRI-
17 ATE) together with the proposed amendments, if any, AND ALL OTHER
18 ELEMENTS OF THE RETURN are correct. The clerk shall thereupon cause the
19 return to be filed with the clerk of the appellate court.
20 S 5. This act shall take effect on the first day of November next
21 succeeding the date on which it shall have become a law and shall apply
22 to all actions commenced on and after such date.
.SO DOC A 10428 *END* BTXT 1999
Bill A10428
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