Is it legal to deny me as a pro se respondent in appellate court, the right to settle the trail transcript?

Asked 10 months ago - Long Island City, NY

Appellant has had a copy of the transcript since (At least) may 29, 2013 shown in their NOTICE OF MOTION to enlarge appeal for no less than 3 months. By their order to Show Cause dated February 11, 2013 , appellant moved for a Stay pending appeal and in that order to show cause stated appellant already contacted the court reporter for the transcript. In appellants notice of motion (May 29, 2013) , it is stated” appellant just recently obtained a copy of the trail transcript with transcript must not be settled with respondent who is a pro se litigant who is unfamiliar with the settlement process. Is it legal to deny me as a pro se respondent the right to settle the trail transcript?
Thank you for your time and response.

Attorney answers (3)

  1. Ronna L. Deloe

    Contributor Level 11

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    Answered . I am attaching a link for you. It's from the 3rd Department, and you're probably located in the Second Department, but I'm sure the rules are similar. In this Pro-Se Manual, there are forms for pro se litigants to settle or stipulate to a transcript, so no, I don't agree with what the appellant is saying. I also believe they're taking advantage and asking for too much time unless they have several thousands of pages of transcripts (I just had a case with 3,000 pages of transcripts, so it does happen). I hope this is helpful. You can also call the Appellate Division's clerk's office and ask questions. If you must go pro se, then you must, but you are much better off getting an appellate attorney so that you are not failing to raise the proper arguments and so that you don't raise the wrong ones. Appellate work is very specialized and is difficult for lawyers let alone litigants. Good luck to you.

    If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly. The... more
  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . Who said that? I don't think CPLR section 5525 says you can avoid settling the transcript if the respondent is pro se.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Anu Gupta

    Pro

    Contributor Level 19

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    Answered . I agree with my colleagues.

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