Affidavit Of Service By Mail Form printable pdf download

(10/08) FORM 5A

INSTRUCTIONS FOR PERFECTING A CIVIL APPEAL

(Note: You must perfect your appeal within ninety (90) days from the date this court receives the

record on appeal from the lower court.)

Read these instructions carefully.

Before you can file these papers, a settled record on appeal must be sent to the

Appellate Term from the clerk of the lower court. See section 1704 of the relevant Court

Act. Any questions regarding the record should be addressed to the lower court.

Fill out the enclosed forms.

On a separate piece of paper, write out your statement, which is your story as to why this

court should rule in your favor, and sign it.

Put the brief together in the following order:

a. COVER SHEET,

i. The caption remains in the same order as in the lower court. Under your name

write “appellant” in the space provided. Your opponent is now the

“respondent.”

ii.

Indicate the Appellate Term case number in the space provided at the top

left corner.

iii.

Indicate whether you wish to submit your appeal to the court without oral

argument (relying on your brief) or you wish to be present to argue on the date

of the Ready Day calendar (you will be notified at a later time of the scheduled

date).

iv.

Be sure to include your telephone number.

b. STATEMENT PURSUANT TO RULE 5531 OF THE CPLR,

i. Date action was commenced: Provide the date the summons or petition was

filed.

ii. Brief description of the nature and object of the action: In a very brief

statement describe what your appeal is about.

c. YOUR STATEMENT,

i. See #4 above.

d. CERTIFICATION PURSUANT TO § 22NYCRR 130-1.1-a,

(This form is not required in relation to appeals from criminal courts, town or village

courts or the small claims part of any court.)

i. Place your signature on the line and print your name below the line.

e. AFFIDAVIT OF SERVICE.

i. Sample form attached.

Make at least seven (7) copies of your brief.

Have someone who is NOT a party to the action and who is over the age of 18 serve one

(1) copy of the brief upon the attorney for your opponent, or upon your opponent if your

opponent is not represented by an attorney. The person who serves the papers must

then fill out an “Affidavit of Service” and have it sworn to before a notary public.

The original and five copies of the appellant’s brief – with the Affidavit of Service attached

to the original brief, shall be filed with this court, at the address listed below.

Appellant’s Briefs must be received in the Clerk’s office by 5 P.M. on the date they are

due. Any briefs received after that time are late and will be returned.

APPELLATE TERM

141 LIVINGSTON STREET

FLOOR

BROOKLYN, NEW YORK 11201

If you have any questions, call the Clerk’s office at (347) 401-9580.

Affidavit Of Service By Mail Form

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