The record on appeal from a final judgment shall consist of the notice of appeal, the judgment-roll, the corrected transcript of the proceedings or a statement pursuant to subdivision (d) of rule 5525 if a trial or hearing was held, any relevant exhibits, or copies of them, in the court of original instance, any other reviewable order, and any opinions in the case. The record on appeal from an interlocutory judgment or any order shall consist of the notice of appeal, the judgment or order appealed from, the transcript, if any, the papers and other exhibits upon which the judgment or order was founded and any opinions in the case. All printed or reproduced papers comprising the record on appeal shall be eleven inches by eight and one-half inches. The subject matter of each page of the record shall be stated at the top thereof, except that in the case of papers other than testimony, the subject matter of the paper may be stated at the top of the first page of each paper, together with the page numbers of the first and last pages thereof. In the case of testimony, the name of the witness, by whom he was called and whether the testimony is direct, cross, redirect or recross examination shall be stated at the top of each page.
R 5526.Content and form of record on appeal.
Article 55. Appeals Generally · Not amended since adoption on record · Last verified July 21, 2026
In one sentenceCPLR 5526 defines what belongs in the record on appeal -- the notice of appeal, judgment-roll or order, transcript or statement, relevant exhibits, and opinions -- and sets formatting requirements for the printed or reproduced record.
Full Text of CPLR 5526
Plain-English Summary
The record on appeal is the appellate court's window into what happened below, and CPLR 5526 spells out its contents. For an appeal from a final judgment, the record consists of the notice of appeal, the judgment-roll, the corrected transcript (or a statement in lieu of one under CPLR 5525(d)) if a trial or hearing was held, relevant exhibits or copies of them, any other reviewable order, and any opinions issued in the case. An appeal from an interlocutory judgment or any order draws from a similar but narrower list: the notice of appeal, the judgment or order itself, any transcript, the papers and exhibits the judgment or order was based on, and any opinions.
The section also sets physical formatting rules for the printed or reproduced record: pages must be eleven by eight and one-half inches, and each page (or, for non-testimony papers, each paper) has to identify its subject matter at the top. Testimony pages must additionally identify the witness, which party called that witness, and whether the testimony is direct, cross, redirect, or recross examination, so the reviewing court can navigate the record without guesswork.
Frequently Asked Questions
What documents make up the record on appeal?
For an appeal from a final judgment, CPLR 5526 includes the notice of appeal, judgment-roll, transcript or statement in lieu of one, relevant exhibits, any other reviewable order, and opinions in the case.
Does the record differ for an appeal from an interlocutory order versus a final judgment?
Yes. An appeal from an interlocutory judgment or order draws on the notice of appeal, the judgment or order itself, any transcript, the papers and exhibits it was founded on, and opinions, rather than the full final-judgment list.
What formatting does the printed or reproduced record on appeal need to follow?
CPLR 5526 requires pages measuring eleven by eight and one-half inches, with the subject matter stated at the top of each page or paper, and additional identifying information on testimony pages.
What has to appear at the top of testimony pages in the record?
The name of the witness, which party called the witness, and whether the testimony is direct, cross, redirect, or recross examination.
What page size does CPLR 5526 require for the printed record on appeal?
All printed or reproduced pages of the record on appeal must be eleven inches by eight and one-half inches.
Advisory Committee Notes
This rule is derived from the first sentence of CPA § 607 and parts of §§ 607-d and 616. One important change is made. On an appeal from a final judgment a transcript of the proceedings below or a statement pursuant to rule 5525(d) is substituted for the case on appeal or bill of exceptions. Thus, if there is any doubt as to whether a particular part of the record on appeal is necessary to consider the questions involved on the appeal, the material may be safely omitted from the appendix since it will be before the court in the transcript.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: record on appeal New Yorkcontents of record on appeal CPLRwhat goes in an appellate record NYCPLR 5526 record on appeal