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The respondent’s role in the appellate process is not merely passive and should be proactive. A respondent may affirmatively take many steps during the appellate process that can enhance the respondent’s chances of success on the appeal. While an appellant’s objective is to try to persuade the appellate court that the judgment or order appealed from was incorrectly decided and should be reversed, the respondent’s ultimate objective is to affirmatively demonstrate that the judgment or order appealed from should be affirmed.

The appellate process actually begins before the notice of appeal is served and filed. Under most circumstances, the respondent is the triumphant party at the lower court level and will serve the appealable paper with a notice of entry to “start the clock” running on the appellant’s time to serve a notice of appeal. (CPLR 5513[a]). It is critical to state in the notice of entry the correct entry date of the order or judgment, failure to do so results in the time to serve a notice of appeal never beginning to run. See Reynolds v. Dustman, 1 N.Y.3d 559, 560 (2003); Nagin v. Long Island Sav. Bank, 94 A.D.2d 710 (2d Dept. 1983).

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