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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: April 15, 2021

Appeal Dismissed for Failure to Provide Proof of Service of the Record and Appeal Brief

On April 1, 2021, the First Department issued a decision in Kim v. Francis, 2021 NY Slip Op. 02072, dismissing an appeal for failure to provide proof of service of the record and appeal brief, explaining:

Appellants failed to file proof of service of the record and their brief on defendant Adams. Thus, they failed to perfect the appeals. Moreover, appellants offered neither excuse nor explanation, despite the fact that the appearing defendants raised appellants’ failure in their respondents’ brief. Accordingly, we dismiss the appeals on our own motion.

(Internal citations omitted).

Schlam Stone & Dolan has an active appellate practice, particularly when it comes to appeals of decisions of the Commercial Division. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client are considering appealing a decision of the Commercial Division.

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Posted in Commercial, Appeals
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