N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.38 - 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 UDCA.
(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 had tried the case.
Notes
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