The Practice Rules of the Appellate Division require that a record or an appendix be certified as a true copy of the original on file in the office of the clerk of the court of original instance either by:
- the certificate of an attorney pursuant to CPLR 2105;
- a certificate of the clerk of the court of original instance; or
- the stipulation of the parties to the appeal pursuant to CPLR 5532 in lieu of certification (22 NYCRR 1250.7[g]).
However, a self-represented (pro se) litigant who cannot obtain the certificate of an attorney or a stipulation from the other parties to the appeal, and who cannot afford to obtain the certification of the record or appendix from the office of the clerk of the court of original instance, may make a motion to dispense with compliance with the certification requirement. That motion must be supported by a copy of the proposed record or appendix and must establish that the litigant cannot comply the Appellate Division rule (22 NYCRR 1250.7[g]). The appeal cannot be perfected until the motion is decided.