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ALTHOUGH CPLR 8301(A)(6) REFERS TO “REASONABLE EXPENSES OF PRINTING THE PAPERS” FOR AN APPEAL, THE STATUTE IS INTERPRETED TO INCLUDE THE EXPENSES FOR PREPARATION OF A DIGITAL RECORD AND BRIEFS; A PARTY TO WHOM COSTS ARE AWARDED ON APPEAL CAN RECOVER THE COSTS OF CREATING THE DIGITAL RECORD AND BRIEFS (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, in a full-fledged opinion by Justice Wan, determined the party to whom costs are awarded on appeal are entitled pursuant to CPLR 8301(a)(6) to expenses for assembly and submission of a digital record and briefs on appeal. The statute refers to “reasonable expenses of printing the paper” which the court interpreted to include the preparation of a digital record and briefs:

… [W]e hold that the plaintiff’s use of an appellate printer to prepare “electronic bookmarks,” “electronic links,” “digital file conversion(s),” and “uploads” for its prior appeal constituted “reasonable expenses of printing the papers for a hearing, when required,” within the meaning of CPLR 8301(a)(6) and was “reasonable and necessary within the context of the litigation” … . Underhill Venture, LLC v Sarang, 2026 NY Slip Op 04976, Second Dept 8-12-26

 

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