2006 New York Code - Settlement Of Case And Return On Appeal.

 
  § 1704. Settlement of case and return on appeal.
    (a)  When  an  appeal  has  been  taken,  the  stenographer's original
  transcript of minutes must be furnished to the  clerk  within  ten  days
  after  the fees therefor have been paid. Immediately upon receiving such
  minutes the clerk shall cause notice of that fact  to  be  sent  to  the
  attorney  for  the  appellant,  or to the appellant if he or she has not
  appeared by attorney. Within fifteen days after receiving the transcript
  from the  clerk,  or  from  any  other  source,  the  appellant  or  the
  appellant's  attorney  shall make any proposed amendments and cause them
  to be served, together with a copy of the transcript,  on  the  attorney
  for  the  respondent, or on the respondent if he or she has not appeared
  by attorney. Within fifteen days after such service, the  respondent  or
  the  respondent's  attorney  shall  make  any proposed amendments to the
  transcript or objections to the proposed amendments of the appellant and
  cause them to be served on the appellant's attorney or on the  appellant
  if  he  or she has not appeared by attorney. The appellant or his or her
  attorney shall then procure the case to be settled on a  written  notice
  of  at  least  four  days  to  the  clerk  and  to  the attorney for the
  respondent or to the respondent  if  he  or  she  has  not  appeared  by
  attorney, returnable before the judge who tried the case. The clerk must
  thereupon  make  a return to the appellate court, which must contain the
  summons or notice of petition, pleadings,  evidence,  judgment  and  all
  other  necessary  papers  and  proceedings, and have annexed thereto the
  opinion of the court, if any, and the notice of appeal. The judge before
  whom the case was tried shall within five days  from  the  date  of  the
  submission  to  the  court  of  the  case on appeal, settle the case and
  indorse his or her settlement on  the  return.  In  lieu  of  the  judge
  settling the case and indorsing his or her settlement on the return, the
  parties  may  stipulate  that  the transcript together with the proposed
  amendments, if any, and all other elements of the  return  are  correct.
  The  clerk must thereupon cause the return to be filed with the clerk of
  the appellate court. After a judge is out of office he or she may settle
  the case in any action or proceeding tried before him or her and may  be
  compelled by the appellate court so to do.
    (b)  Where  no  testimony  was taken and a settlement of a case is not
  required, the return shall be made by the clerk  forthwith  upon  filing
  the  notice  of  appeal. Such return shall contain the judgment or order
  appealed from and all the original papers upon  which  the  judgment  or
  order was rendered or made, duly authenticated by the certificate of the
  clerk  having  the  custody thereof, or copies thereof duly certified by
  such clerk, and shall have annexed thereto the opinion of the court,  if
  any, and the notice of appeal.
    (c)  Upon  an  appeal from an order granting or denying a motion for a
  new trial, upon the ground of fraud or newly  discovered  evidence,  the
  stenographer's  minutes  of the trial shall be included in the return of
  the clerk and the provisions of subdivision (a) of  this  section  shall
  apply to such an appeal.