CPLR R. 5526 Content and form of record on appeal
Keita v United Parcel Serv., 2009 NY Slip Op 06165 (App. Div., 2nd, 2009)
In two decisions and orders on motion, dated December 24, 2008, and
March 12, 2009, respectively, this Court directed the plaintiffs to
serve and file a supplemental record containing, inter alia, the
answers to the complaint and "the notice of motion and affidavits
annexed thereto, answering affidavits, if any, and reply affidavits, if
any, submitted in connection with the motion that resulted in the order
being appealed." The plaintiffs have failed to do so.
It is the appellants' obligation to assemble a proper record on appeal (see Salem v Mott, 43 AD3d 397; Cohen v Wallace & Minchenberg, 39 AD3d 689, 689). In this regard, "[t]he record must contain all of the relevant papers that were before the Supreme Court" (Cohen v Wallace & Minchenberg, 39 AD3d 689; see CPLR 5526; Matter of Allstate Ins. Co. v Vargas, 288
AD2d 309, 310). Where, as here, meaningful appellate review of the
Supreme Court's determination is made "virtually impossible" because of
the incomplete nature of the record submitted, dismissal of the appeal
is the appropriate disposition (Salem v Mott, 43 AD3d 397, 397).
The bold is mine,