Deadline for submitting appeal brief in New York following judge's decision in Housing Court?

Lawsuits And Disputes 8 views 3 answers
How many days must the appeal brief be submitted following the judge's decision? The Notice of Appeal has already been filed and the audio from the court hearing has been obtained.

Attorney Answers

3
Terry Horner ·
Assuming your appeal is to the Appellate Term, First Department, you need to understand 22 NYCRR 640.6. Deadline for brief is measured from the filing of the clerk's return; the date of the order or judgment appealed from (you cannot appeal a decision) is of no consequence. You say you have the audio--do you have a transcript yet?
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Bruno Bianchi ·
You need to settle the transcript with the opposing party before you can obtain the clerk's return and file your brief. You should consult the appeals clerk at 111 Centre Street . You should also refer to the manual at the link below for assistance: http://www.nysba.org/workarea/DownloadAsset.aspx?id=28285
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Robert Daniel SianoCriminal Defense AttorneyWhite Plains, NY ·
I agree with other counsel's detailed responses, and only add that the deadline for the filing of the brief is measured from the date of filing of the clerk's return. Further, the date of the order or judgment appealed from, as you cannot appeal a decision, is not relevant. I suggest you retain a competent appeals attorney to assist you.
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