Appellate Procedure: An Incomplete Record CPLR R. 5526

CPLR R. 5526 Content and form of record on appeal

Civil v Tae Hwa Sim, 2009 NY Slip Op 06499 (App. Div., 2nd, 2009)

In an action to recover damages for personal injuries, the proposed
intervenor, Broadspire, appeals from an order of the Supreme Court,
Rockland County (Nelson, J.), dated September 15, 2008, which denied
its motion, inter alia, pursuant to CPLR 1013 for leave to intervene in
the action.

ORDERED that the appeal is dismissed, with costs.

CPLR 5526 provides that the record on appeal from an
interlocutory order shall consist of, inter alia, "the papers and other
exhibits upon which the . . . order was founded."

It is the obligation of the appellant to assemble a proper
record on appeal. An appellant's record on appeal must contain all of
the relevant papers before the Supreme Court. Appeals that are not
based upon complete and proper records must be dismissed (see Robertson v United Equities, Inc., 61 AD3d 838; Matter of Arcarian Sys. Ltd., 38 AD3d 649).
In this case, the appellant based its motion for leave to intervene in
large part on an arbitration decision which was submitted to the
Supreme Court both as an exhibit to the appellant's motion papers, and
as an exhibit to the plaintiff's papers in opposition to the motion.
However, the appellant did not include that decision in the record on
appeal. Inasmuch as the record is inadequate, we dismiss the appeal
(see Matter of Arcarian Sys. Ltd., 38 AD3d at 649).

Procedure: It's a killer.

The bold is mine.

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