Practice point: The appeal was dismissed because the appendix did not contain critical exhibits and
material excerpts from transcripts of testimony. These omissions made it impossible for the Appellate Division to render an informed decision on the
merits.
Student note: The appendix must contain those portions of the record necessary for the court to fully consider the issues which will be raised by the appellant and the respondent, including material excerpts from transcripts of testimony or from papers in connection with a motion.
Case: Beizer v. Swedish, NY Slip Op 01229 (2d Dept. 2015)
Here is the decision.
Monday's issue: Liability for a fall on a public sidewalk.
