On May 8, 2024, the Second Department issued a decision in Bing v. Myrtle 6, LLC, 2024 NY Slip Op. 02516, dismissing an appeal for failure to provide an adequate record, explaining:
It is the obligation of the appellant to assemble a proper record on appeal. Generally speaking, 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.
Here, the record is inadequate for meaningful appellate review. The appellant failed to include all relevant documents that were before the Supreme Court. 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 in this action, 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.
(Internal quotations and citations omitted).