Appellate Brief
SUPREME COURT- STATE OF NEW YORK
SUPREME COURT CASE NO:
Miesha Grant,
Petitioner,
vs.
Michal J. Siebert,
Respondents.
Table of Contents Page
Table of Citations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . … . . . . . . . 3
Point on Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 4
Statement of the Case and Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Summary of the Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ….6
Argument on Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . … …. .. . .7
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …. . . 8
Table of Citations
Statutes Page
- Stat. 627.428 . . . . . . . . . . . . . . . . . . 2, 5, 9, 11, 13, 15,
- Stat. 768.79 . . . . . . . . . . . . . . . . . . . . 3, 7, 9, 11
Point on Appeal
The Plaintiff requests that the clerk transmit to the reviewing court under rule 8.123 the record of the administrative proceeding that was admitted into evidence, refused, or lodged in the superior court. Further, the Plaintiff requests that the EXHIBITS be admitted into evidence or marked for identification be copied into the clerk’s transcript on appeal.
Statement of the Case and Facts
This appeal arose from the decision made by the Court Clerk to deny the Plaintiff the opportunity to transmit to the reviewing court under rule 8.123 the record of the administrative proceeding that was admitted into evidence, refused, and lodged in the superior court. Further, the clerk refused to admit the EXHIBITS availed by the Plaintiff. The Plaintiff, therefore, requests that the EXHIBITS be admitted into evidence or marked for identification be copied into the clerk’s transcript on appeal, and also the clerk transmit to the reviewing court under rule 8.123 the record of the administrative proceeding that was admitted into evidence, refused, or lodged in the superior court.
Summary of Argument
The issue before this Court is whether, in light of this Court Clerk’s recent decision in Miesha Grant vs Michal J. Siebert to deny the Plaintiff the opportunity to transmit to the reviewing court under rule 8.123 the record of the administrative proceeding that was admitted into evidence, refused, and lodged in the superior court. Also, the issue is whether the clerk should admit the EXHIBITS availed by the Plaintiff. The Plaintiff, therefore, requests that the EXHIBITS be admitted into evidence or marked for identification be copied into the clerk’s transcript on appeal, and also the clerk transmit to the reviewing court under rule 8.123 the record of the administrative proceeding that was admitted into evidence, refused, or lodged in the superior court. 8.122 Of the California Rules of Court gives clerk’s the authority to proceed with a case, but limits their interferences. Further, under rule 8.124 of the California Rules of Court, the clerk has the responsibility to prepare own appendix in lieu of a court-prepared clerk’s transcript. Further, the statutes allows the Plaintiff to choose an agreed or settled statement in lieu of a reporter’s transcript. For all these reason, we appeal to the Court to consider reversing the clerk’s decision to deny the Plaintiff the opportunity to transmit to the reviewing court under rule 8.123 the record of the administrative proceeding that was admitted into evidence, refused, and lodged in the superior court, and also, to admit the EXHIBITS availed by the Plaintiff.
Argument on Appeal
At issue in this Petition is whether the clerk should allow the Plaintiff to transmit to the reviewing court under rule 8.123 the record of the administrative proceeding that was admitted into evidence, refused, or lodged in the superior court, and whether the Plaintiff should be allowed to present EXHIBITS as evidence or marked for identification be copied into the clerk’s transcript on appeal. The Plaintiff understands that if he does not pay for this transcript or obtain a waiver of costs (rule 3.50 et seq.), the transcript will not be prepared and. In that case, if he is the appellant, then his appeal will be dismissed. However, the Plaintiff has already deposited the approximate cost of transcribing the designated proceedings with this notice as provided in rule 8.130(b) (1). His copy of the reporter’s transcript in paper format and a second copy in computer-readable format. Further, all the parties have agreed in writing (stipulated) to try to agree on a statement. The Plaintiff further understands that, within 40 days after he files the notice of appeal, he must file either the agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice designating the record on appeal. Therefore, the Plaintiff is requesting to use a settled statement for reasons other than those listed in (a) or (b).
Conclusion
For the foregoing reasons, the Petitioner respectfully requests that this Court revisit and review the clerk’s decision to deny him to transmit to the reviewing court under rule 8.123 the record of the administrative proceeding that was admitted into evidence, refused, or lodged in the superior court. The Plaintiff further requests that the EXHIBITS be admitted into evidence or marked for identification be copied into the clerk’s transcript on appeal.
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