Commercial Division Blog

Posted: April 15, 2021 / Categories Commercial, Appeals

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).

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