Article 55. Appeals Generally · Last amended 1974 · Last verified July 21, 2026
In one sentenceCPLR 5531 requires the appellant to file a short statement describing the case -- index number, parties, court, filing dates, nature of the action, and method of appeal -- alongside the record on appeal.
The appellant shall file together with the record on appeal, in both criminal and civil actions, a statement containing the following information listed and numbered in the following order:
1. the index number of the case in the court below, 2. the full names of the original parties and any change in the parties, 3. the court and county in which the action was commenced, 4. the date the action was commenced and the dates on which each pleading was served, 5. a brief description of the nature and object of the action, 6. a statement as to whether the appeal is from a judgment or an order or both, the dates of entry of each judgment or order appealed from, and the name of the judge or justice who directed the entry of the judgment or made the order being appealed, and 7. a statement as to the method of appeal being used:
(a)whether the appeal is on a full record, printed or reproduced, or
(b)on the original record, in which event, state whether the appendix method is being used, or leave to prosecute the appeal on the original record was granted by the court or by statute. The statement shall be prefixed to the papers constituting the record on appeal. A copy of this statement shall be filed with the clerk at the time the record on appeal is filed.
Plain-English Summary
Appellate courts and clerks need a quick way to identify what a case is about before diving into the full record, and CPLR 5531 requires the appellant to file a numbered statement covering that ground: the index number below, the full names of the original parties and any changes to them, the court and county where the action was commenced, the dates the action started and each pleading was served, a brief description of the nature and object of the action, whether the appeal is from a judgment, an order, or both (with entry dates and the deciding judge's name), and which method of appeal is being used, whether on a full printed or reproduced record or on the original record with or without the appendix method.
The statement has to be attached to the front of the papers making up the record on appeal, and a copy has to be filed with the clerk when the record is filed, giving the court a snapshot of the case before it reads any further.
Frequently Asked Questions
What is the CPLR 5531 statement and why is it required?
It is a short, numbered statement describing the case, including the index number, parties, court and county, key dates, the nature of the action, and the method of appeal, filed to give the court a quick overview before it reviews the full record.
Where does the CPLR 5531 statement get filed?
It is prefixed to the papers that make up the record on appeal, and a copy is filed with the clerk at the same time the record on appeal is filed.
Does the CPLR 5531 statement need to identify the judge who made the ruling being appealed?
Yes. It must state the dates of entry of each judgment or order appealed from and the name of the judge or justice who directed entry or made the order.
Does CPLR 5531 apply to appeals in both civil and criminal cases?
Yes. The section requires the statement in both criminal and civil actions.
Does the CPLR 5531 statement need to say which method of appeal is being used?
Yes. It must state whether the appellant is proceeding on a full printed or reproduced record, or on the original record, including whether the appendix method is being used.
Advisory Committee Notes
This rule makes provision for the statement formerly required by RCP 234. It requires the same information as the former rule. It is to be attached to the briefs, however, instead of the record, because of the change in the practice substituting an appendix to the brief for the printed record on appeal. See rules 5526, 5528 and 5529. Where no briefs are filed, two copies of the statement must be filed with the clerk; the former rule required that a duplicate be filed with the clerk in every case. The words “or incorporated at the beginning thereof” added after “prefixed to each copy of the brief” in the last sentence clarifies the meaning.
Amendment History
Add, L 1962, ch 308, amd by Judicial Conference, eff Sept 1, 1964, and Sept 1, 1966; amd, L 1974, ch 433, eff Sept 1, 1974.
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:description of action statement New York appeal5531 statement appellate recordCPLR 5531 requirements