Civil Practice Laws & Rules 5531
CPLR 5531: Description of action
CPLR 5531
Description of action
The appellant shall file together with the record on appeal, in both criminal and civil actions, a statement containing the following information listed and numbered in the following order:
1. the index number of the case in the court below,
2. the full names of the original parties and any change in the parties,
3. the court and county in which the action was commenced,
4. the date the action was commenced and the dates on which each pleading was served,
5. a brief description of the nature and object of the action,
6. a statement as to whether the appeal is from a judgment or an order or both, the dates of entry of each judgment or order appealed from, and the name of the judge or justice who directed the entry of the judgment or made the order being appealed, and
7. a statement as to the method of appeal being used:
(a) whether the appeal is on a full record, printed or reproduced, or
(b) on the original record, in which event, state whether the appendix method is being used, or leave to prosecute the appeal on the original record was granted by the court or by statute.
The statement shall be prefixed to the papers constituting the record on appeal. A copy of this statement shall be filed with the clerk at the time the record on appeal is filed.
This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as CPLR 5531 are frequently amended, and no representation is made that the above version of CPLR 5531 is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.
If you have any questions or comments, please feel free to contact Mr. Barics at lawyer@jdbar.com or (631) 864-2600. For more articles and information, please visit www.jdbar.com.
J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.