May 17, 2024

Appellate practice.

 It is the appellant's obligation to assemble a proper record on appeal. The record on appeal must contain all of the relevant papers before the Supreme Court. An appeals that is not based on a complete and proper record must be dismissed.

Here, the record failed to include the exhibits allegedly demonstrating that the plaintiff's former counsel was involved in a fraud scheme. Furthermore, the record does not contain a copy of the complaint, the amended complaint, or the defendant's answer. Since these omissions have rendered meaningful appellate review of the court's order virtually impossible, the appeal must be dismissed 

Bing v. Myrtle 6, LLC, NY Slip Op 02516 (2d Dep't May 8, 2024)

Here is the decision.