New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 218 - Uniform Rules For The Trial Courts In Capital Cases
Section 218.1 - Record transcription and reproduction; settlement

(a) During the course of capital proceedings before the superior court, and at all times thereafter, the clerk of the superior court shall take all necessary steps to insure the accuracy and completeness of the record of the proceedings.

(b) The court reporter shall take, and keep electronically, minutes of all capital proceedings occurring in the superior court. Transcription shall proceed in compliance with any relevant superior court order and the Court of Appeals capital appeal management order (22 NYCRR 510.4[c][4]; 510.8[a]). Where a copy of the minutes of any proceedings in the superior court was ordered during the course of the superior court proceedings, defense counsel and the prosecutor shall preserve their respective copies of the transcript. Transcripts shall be settled pursuant to CPLR 5525(c) within such time limits and pursuant to such additional procedures as may be set by Court of Appeals order.

(c) Upon the filing of a notice of appeal, the superior court clerk shall expeditiously assemble, reproduce, and transmit to appellant the record of the proceedings. Appellant shall be responsible for the timely preparation and filing of the record on appeal in accordance with the capital appeal management order issued by the Court of Appeals pursuant to 22 NYCRR 510.4(c)(4) or 510.8(a).

(d) The record on appeal shall comply with 22 NYCRR 510.11(b), and be stipulated to or settled on motion. The parties may stipulate to the correctness of the contents of the record on appeal using the process provided by CPLR 5525(c)(1). Where the parties are unable to agree and stipulate to the contents of the record on appeal, appellant shall move, on notice, to settle the record in the superior court from which the appeal is taken.