(b) Upon cross-appeal. Unless the court to which the appeals are taken
otherwise orders, where both parties take an appeal from the same
judgment or order, the plaintiff, or appellant in the court from which
the appeal is taken, shall file and serve his brief first. The answering
brief shall be filed and served within fifteen days after service of the
first brief and shall include the points and arguments on the
cross-appeal. A reply brief shall be filed and served within fifteen
days after service of the answering brief, and shall include answering
points and arguments on the cross-appeal. A reply brief to the
cross-appeal may thereafter be served and filed within ten days after
the service of the reply to the first brief.
(c) Special rules prescribing times for filing and serving authorized.
The appellate division in each department may by rule applicable in the
department prescribe other limitations of time different from those
prescribed in subdivisions (a) and (b) for filing and serving records on
appeal, or statements in lieu of records, and briefs in appeals taken
therein.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 55 - Appeals Generally
5511 - Permissible Appellant and Respondent.
5512 - Appealable Paper; Entry of Order Made Out of Court.
5513 - Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal.
5514 - Extension of Time to Take Appeal or to Move for Permission to Appeal.
5515 - Taking an Appeal; Notice of Appeal.
R5516 - Motion for Permission to Appeal.
5518 - Preliminary Injunction or Temporary Restraining Order by Appellate Division.
5520 - Omissions; Appeal by Improper Method.
R5522 - Disposition of Appeal.
R5524 - Entry of Order; Remittitur and Further Proceedings.
R5525 - Preparation and Settlement of Transcript; Statement in Lieu of Transcript.
R5526 - Content and Form of Record on Appeal.
R5527 - Statement in Lieu of Record on Appeal.
R5528 - Content of Briefs and Appendices.
R5529 - Form of Briefs and Appendices.
R5530 - Filing Record and Briefs; Service of Briefs.