Appendix Incomplete—Appeal Dismissed

The Second Department dismissed an appeal because the appendix did not include necessary documents:

“An appellant who perfects an appeal by using the appendix method must file an appendix that contains all the relevant portions of the record in order to enable the court to render an informed decision on the merits of the appeal” … . “The appendix shall contain those portions of the record necessary to permit the court to fully consider the issues which will be raised by the appellant and the respondent” (22 NYCRR 670.10-b[c][1]; see CPLR 5528[a][5]…), including “material excerpts from transcripts of testimony or from papers in connection with a motion” …, and critical exhibits (see 22 NYCRR 670.10-b[c][1][vi]). Here, the plaintiff omitted from her appendix critical exhibits and material excerpts from transcripts of testimony. These omissions “inhibit the court’s ability to render an informed decision on the merits of the appeal” … . Accordingly, the appeal must be dismissed. Beizer v Swedish, 2015 NY Slip Op 01229, 2nd Dept 2-11-15