In Kubiszyn v. Terex Div. of Terex Corp. (201 A.D.2d 974 [1994]) the Fourth Department granted a motion to extend time to file a notice of appeal because although appellant timely served a notice of appeal, its attempt to file the notice was rejected by the county clerk since no preargument statement was included. The County Clerk erred in rejecting the notice of appeal inasmuch as the filing of a preargument statement is not a jurisdictional prerequisite to taking an appeal (see, CPLR 5513, 5514 [c]), and the penalty for failure to file a preargument statement is left to the discretion of this Court (22 NYCRR 1000.12 [h]) (at 974). The Court held that the failure to file even a form required by an officially promulgated rule is not jurisdictional.