Commercial Division Blog
Appeal Dismissed for Failure to File an Adequate Appendix, Including the Trial Transcript
On March 9, 2016, the Second Department issued a decision in Swift v. Broadway Neon Sign Corp., 2016 NY Slip Op. 01659, dismissing an appeal for failure to file an adequate appendix, explaining:
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 appellant failed to provide this Court with an appendix containing the trial transcript, which is necessary to review the judgment appealed from. Although this Court has been provided with the Supreme Court file, the file fails to remedy the deficiencies of the appendix because the file too lacks a significant portion of the trial transcript. Accordingly, we dismiss the appeal for failure to perfect the same in accordance with the CPLR and the rules of this Court.
(Internal quotations and citations omitted).