2019 New York Laws
CVP - Civil Practice Law and Rules
Article 55 - Appeals Generally
R5528 - Content of Briefs and Appendices.

Rule 5528. Content of briefs and appendices. (a) Appellant's brief and
appendix.    The  brief  of the appellant shall contain in the following
order:
  1. a table of contents,  which  shall  include  the  contents  of  the
appendix,  if it is not bound separately, with references to the initial
page of each paper printed  and  of  the  direct,  cross,  and  redirect
examination of each witness;
  2.  a  concise  statement,  not  exceeding two pages, of the questions
involved  without  names,  dates,  amounts  or  particulars,  with  each
question  numbered, set forth separately and followed immediately by the
answer, if any, of the court from which the appeal is taken;
  3. a concise statement of the nature of the  case  and  of  the  facts
which  should  be  known  to  determine  the  questions  involved,  with
supporting references to pages in the appendix;
  4. the argument for the appellant, which shall be divided into  points
by appropriate headings distinctively printed; and
  5.  an  appendix,  which may be bound separately, containing only such
parts of the record on appeal as are necessary to consider the questions
involved, including those parts the appellant reasonably assumes will be
relied upon by the respondent; provided,  however,  that  the  appellate
division  in  each  department  may by rule applicable in the department
authorize an appellant at his election  to  proceed  upon  a  record  on
appeal  printed  or reproduced in like manner as an appendix, and in the
event of such election an appendix shall not be required.
  (b) Respondent's brief and appendix. The brief of the respondent shall
conform  to  the  requirements  of  subdivision  (a),  except   that   a
counterstatement  of the questions involved or a counterstatement of the
nature and facts of the case shall be included only  if  the  respondent
disagrees  with  the  statement  of the appellant and the appendix shall
contain only such additional parts of the record  as  are  necessary  to
consider the questions involved.
  (c)  Appellant's  reply  brief  and  appendix.  Any reply brief of the
appellant shall conform to the requirements of subdivision  (a)  without
repetition.
  (d) Joint appendix. A joint appendix bound separately may be used.  It
shall be filed with the appellant's brief.
  (e)  Sanction.  For any failure to comply with subdivision (a), (b) or
(c) the court to which the appeal is taken may withhold or impose costs.