On June 22, 2022, the Second Department issued a decision in Eleven Stars, LLC v. Central Baptist Church, 2022 NY Slip Op. 04009, dismissing an appeal for failure to submit an adequate appellate record, explaining:
CPLR 5526 requires that a record on appeal contain the papers and exhibits upon which the order appealed from was founded. It is the obligation of the appellant to assemble a proper record on appeal. Here, the defendant argues that, upon reargument, the Supreme Court should have granted its prior cross motion for summary judgment dismissing the complaint. However, the record on appeal does not contain the pleadings or the papers submitted in support of and in opposition to the defendant’s cross motion. Since these omissions have rendered meaningful review of the court’s order virtually impossible, dismissal of the appeal is the appropriate disposition.
(Internal quotations and citations omitted).