Thursday, March 31, 2016

Perfecting an appeal by the appendix method.

Practice point:  The appeal was dismissed because the appellant failed to provide the Appellate Division with an appendix containing copies of the pleadings, the motion papers, and all of the affidavits and exhibits necessary to review the order appealed from.

Student note:  Pursuant to CPLR 5528[a][5] and 22 NYCRR 670.10-b[c][1], 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.

Case: Daniels v. Donohue, NY Slip Op 02049 (2d Dep't 2016)

Here is the decision.

Tomorrow's issue:  A successful motion for leave to amend.