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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: September 17, 2014

Appeal Dismissed Due to Deficiencies in Record

On September 17, 2014, the Second Department entered a decision in Green Tree Credit, LLC v. Jelks, 2014 NY Slip Op. 06174, dismissing an action for failure to assemble a proper record on appeal.

In Green Tree Credit, the Second Department dismissed the appeal, writing:

It is the appellant’s obligation to assemble a proper record on appeal. Here, the record is inadequate because it does not include all of the relevant papers and documents that were before the Supreme Court. Since the record is inadequate to enable this Court to render an informed decision on the merits, the appeal must be dismissed.

(Internal citations omitted).

Getting a record printed can be expensive in a complicated commercial case. However, as this decision shows, if you do not prepare the record properly (Appellate Division rules offer alternatives ways of doing this), you may as well not appeal at all.

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