CHAPTER 1. Organization of the New York Appellate Courts
§ 1.01 Right of Appeal Generally
§ 1.02 Overview of New York Appellate Courts
§ 1.03 Appeals to the Appellate Terms and County Court
§ 1.04 Appeals to the Appellate Division
§ 1.05 Appeals to the Court of Appeals
Appendix 1A Internal Operating Procedures of the Appellate Division, First Department
Appendix 1B Practice in the Appellate Division, Second Department
Appendix 1C The Decision-Making Process in the Appellate Division, Third Department
Appendix 1D The Decision-Making Process in the Appellate Division, Fourth Department

CHAPTER 2. Preservation of Error for Review
§ 2.01 Introduction
§ 2.02 Preserving Issues for Appellate Review--Generally
§ 2.03 Pretrial Steps for Preserving Issues for Appeal
§ 2.04 Preserving Error on Requests for Court Action and Objections to Court Rulings
§ 2.05 Protecting Record During and Immediately After Trial
§ 2.06 Preserving Error When Taking and Perfecting Appeal
§ 2.07 Appellate Division's "Interest of Justice" Jurisdiction
§ 2.08 Appellate Division's Limited Power to Grant Relief to Nonappealing Party
§ 2.09 Exception to Preservation Requirement in Criminal Cases

CHAPTER 3. Threshold Jurisdictional Considerations
§ 3.01 Permissible Appellants--Parties Aggrieved
§ 3.02 Nonparties' Right to Appeal
§ 3.03 Prevailing Parties' Right to Appeal
§ 3.04 Appealable Paper
§ 3.05 Default Judgments and Orders
§ 3.06 Orders Involving Co-Defendants
§ 3.07 Orders Granting Partial Relief
§ 3.08 Orders Entered on Consent
§ 3.09 Review of Determinations by the Commission on Judicial Conduct
§ 3.10 Jurisdiction in Cases Involving Sexual Misconduct
§ 3.11 Miscellaneous Nonappealable Orders
§ 3.12 Finality and Appeals
§ 3.13 Sanctions--Appeal as of Right
§ 3.14 Orders Followed by a Judgment
§ 3.15 The Right to an Appealable Order From an Individual Assignment System (IAS)
§ 3.16 Appellate Treatment of Academic and Moot Questions
§ 3.17 Certified Questions to the Court of Appeals
§ 3.18 Interest of Justice Jurisdiction and Administrative Penalty

CHAPTER 4. Scope of Review
§ 4.01 Statutory Basis for the Scope of Review
§ 4.02 Orders Brought Up for Review
§ 4.03 Appeals Concerning Weight and Sufficiency of Evidence
§ 4.04 Review of Orders Setting Aside Jury Verdicts
§ 4.05 Review of Discretionary Determinations
§ 4.06 Review of Inconsistent Verdicts
§ 4.07 Review of General Verdicts Based on Multiple Theories of Liability
§ 4.08 Credibility and Conflicting Proof
§ 4.09 Review of Dismissal; for Failure to State a Cause of Action; on Opening; at Trial
§ 4.10 Review of Damage Awards in Personal Injury Actions
§ 4.11 Court of Appeals Will Not Review Class Action Orders Until After the Case is Final or Unless Permission to Appeal is Granted
§ 4.12 Judicial Review of Arbitration Awards
§ 4.13 Court of Appeals' Review of Questions of Fact
§ 4.13a Court of Appeals' Review of the Determinations of the Commission on Judicial Conduct
§ 4.14 Review of Administrative Agency Determinations
§ 4.14a Judicial Review of Determinations of Residential Cooperatives
§ 4.15 Harmless Error
§ 4.16 Appellate Review of Ex Parte Orders
§ 4.16a Review of Sua Sponte Orders
§ 4.17 Miscellaneous Limitations on the Courts' Power of Review
§ 4.18 Review of Small Claim and Commercial Claim Judgments

CHAPTER 5. Taking and Perfecting the Appeal
§ 5.01 In General
§ 5.02 Notice of Appeal
§ 5.03 Preparation of Record on Appeal
§ 5.04 Contents of Record on Appeal
§ 5.05
Appendix Method
§ 5.06 Agreed Statement of Facts
§ 5.07 Exhibits
§ 5.08 Cross-Appeals
§ 5.09 Reducing Appellate Costs; Poor Person Relief
§ 5.10 Costs on Appeal
§ 5.11 Imposition of Monetary Sanctions for Vexatious and Frivolous Appeals
§ 5.12 Fee for Filing Record on Appeal
§ 5.13 Time Limitations; Dismissals for Failure to Prosecute
§ 5.14 Length of Briefs
§ 5.15 Calendar Practice
§ 5.16 Preferences
§ 5.17 Preargument Conferences

CHAPTER 6. Stays Pending Appeal
§ 6.01 Stays Pending Appeal, Generally
§ 6.02 Stays Without Court Order (Automatic Stays)
§ 6.03 Actions Defended by Insurance Carriers
§ 6.04 Stays by Court Order
§ 6.05 Continuation of Stays Through Subsequent Appeals
§ 6.06 Proceedings Below During Stay

CHAPTER 7. Preparation of the Appellate Brief
§ 7.01 Technical Requirements of the Brief
§ 7.02 Preliminary Considerations in Preparing the Brief
§ 7.03 Suggestions for Writing the Brief
§ 7.04 Content of the Brief
§ 7.05 The Legal Argument
§ 7.06 The Respondent's Brief
§ 7.07 Reply Briefs
§ 7.08 Sur-Reply and Postargument Communications
§ 7.09 Amicus Curiae Briefs
Appendix 7A Language and Legal Drafting Bibliography

CHAPTER 8. Argument of the Appeal
§ 8.01 The Importance of Oral Argument
§ 8.02 Preserving the Right to Argue
§ 8.03 Time Allowed for Argument
§ 8.04 Who Should Argue?
§ 8.05 Preparation for the Argument
§ 8.06 Presentation and Substance of the Argument
§ 8.07 Respondent's Argument
§ 8.08 Rebuttal Argument
§ 8.09 Post-Argument Submissions

CHAPTER 9. Disposition of the Appeal
§ 9.01 In General
§ 9.02 Appellate Division
§ 9.03 Grant of Relief to Nonappealing Party
§ 9.04 Obtaining Relief as Respondent Without Cross Appealing
§ 9.04a Review of Authority of Referees
§ 9.05 Court of Appeals
§ 9.06 Death of Party Before and During Pendency of Appeal
§ 9.07 Awarding Costs
§ 9.08 Restitution
§ 9.09 Compliance With Appellate Court Orders
§ 9.10 Opinions and Other Writings
§ 9.11 Postargument Games Counsel Play
§ 9.12 Review of Administrative Determinations
§ 9.13 Determinations Without Formal Briefing and Argument
§ 9.14 Preservation

CHAPTER 10. Motions for Reargument
§ 10.01 In General
§ 10.02 The Movant's Burden
§ 10.03 What May Be Considered
§ 10.04 Procedural Requirements
§ 10.05 Opposing the Motion
§ 10.06 Disposition

CHAPTER 11. Court of Appeals Practice
§ 11.01 Introduction
§ 11.02 The Finality Requirement for Review by the Court of Appeals
§ 11.03 Appeals as of Right: CPLR 5601
§ 11.04 Motions for Leave to Appeal (Civil Cases)
§ 11.05 Appeals on Certified Questions
§ 11.06 Review of Determinations of State Commission on Judicial Conduct
§ 11.07 Expedited Consideration of Appeal
§ 11.08 Assigning and Deciding Cases
§ 11.09 Motions to Amend Remittitur
§ 11.10 Discretionary Proceedings to Review Certified Questions from Federal Courts and Other Courts of Last Resort

CHAPTER 11A. Court of Appeals Rules of Practice
§ 11A.01 Introduction
§ 11A.02 "Requirements Applicable to All Filings"
§ 11A.03 "Appeals"
§ 11A.04 Rule 500.20--"Criminal Leave Applications"
§ 11A.05 Motions
§ 11A.06 Rule 500.26--"Primary Election Session Procedures"
§ 11A.07 Rule 500.27--"Certified Questions"

CHAPTER 12. Appellate Term Practice
§ 12.01 Introduction
§ 12.02 Civil Appeals
§ 12.03 Automatic Dismissal of Appeals
§ 12.04 Motion Practice
§ 12.05 Criminal Appeals
§ 12.06 Bringing the Appeal on for Argument and Automatic Dismissal of Appeals in Criminal Cases
§ 12.07 Stays of Judgment Pending Appeal in Criminal Cases
§ 12.08 Leave to Appeal to the Court of Appeals in Criminal Cases
Appendix A Appendix of Forms
Appendix B NYS Constitution, Article VI
Appendix C CPLR Articles--Appeals
Appendix D COURT RULES
Appendix E Criminal Procedure Law

CHAPTER 13. Criminal Appeals
§ 13.01 Appealability
§ 13.02 Obligations of Counsel
§ 13.03 A Defendant's Risks in Appealing
§ 13.04 Taking the Appeal
§ 13.05 Stays and Bail Pending Appeal
§ 13.06 Perfecting the Appeal
§ 13.07 Motion Practice
§ 13.08 Scope and Standards of Review
§ 13.09 Disposition on Appeal
§ 13.10 Post-Conviction Relief
§ 13.11 Brief Writing
§ 13.12 Appeals in Capital Cases

CHAPTER 14. [Reserved]

CHAPTER 15. Appeals from Administrative Proceedings Under Article 78 of the CPLR
§ 15.01 Introduction
§ 15.02 When to Bring Proceeding Under Article
§ 15.03 Bringing Appeal of Administrative Decision Under Article
§ 15.04 Pleadings
§ 15.05 Undertakings
§ 15.06 Stays
§ 15.07 Trials of Issues of Fact
§ 15.08 Transfer to Appellate Division
§ 15.09 Perfecting the Proceeding
§ 15.10 Briefs
§ 15.11 Perfection
§ 15.12 Standards of Review
§ 15.13 Judgment
§ 15.14 Additional Considerations
Appendix 15A Forms

CHAPTER 16. [Reserved]

CHAPTER 17. Special Considerations in Matrimonial Appeals
§ 17.01 Introduction
§ 17.02 Appeal From Decisions on Pretrial Motions
§ 17.03 Stay Relief
§ 17.04 Other Motions to Be Made in Connection With Appeals
§ 17.05 Perfecting the Appeal
§ 17.06 Motions Addressed to Appellant's Record or Appendix and Brief
§ 17.07 Submission or Argument
§ 17.08 Oral Argument
§ 17.09 Motions and Applications Relating to Calendaring
§ 17.10 Questions Relating to Disposition
§ 17.11 Appeals to the Court of Appeals--In General
§ 17.12 Perfecting Appeals in the Court of Appeals
§ 17.13 Remands
§ 17.14 Appeals Involving Child Support
§ 17.15 Full Faith and Credit