Stipulation of Settlement of Transcript
(NY)

Summary

This template is a stipulation of settlement of transcript to be included with the record on appeal under N.Y. C.P.L.R. § 5526. This template is for use when the parties agree to the correctness of the transcript or any changes thereto. This template includes practical guidance, drafting notes, and an alternate clause. Under N.Y. C.P.L.R. § 5526, if a trial or hearing was held in the matter subject to appeal, the record on appeal must include the corrected transcript of the proceedings below. The appellant must therefore order the transcript from the court reporter within the time for taking the appeal. N.Y. C.P.L.R. § 5525(a). The transcript must be either: • Stipulated as correct by the parties –or– • Settled under N.Y. C.P.L.R. § 5525(c) 22 NYCRR § 1250.7(f). If the parties agree to any corrections to the transcript, the appellant must serve the corrected transcript with the clerk of the lower court when the appellant serves its brief on the respondent. N.Y. C.P.L.R. § 5525(c)(1). For more information concerning settlement of the transcript and the record on appeal, see Appeals: Submitting a Record or Appendix to the Appellate Division (NY). To learn about settling the transcript in particular departments of the Appellate Division, see Appeals: Submitting a Record to the First Department Checklist (NY) and Appeals: Submitting a Record to the Second Department Checklist (NY).