On December 14, 2022, the Second Department issued a decision in Carl Daily Leasing Corp. v. Larochelle, 2022 NY Slip Op. 07048, affirming the dismissal of an appeal for failure to include all relevant documents in the record, explaining:
It is the obligation of the appellant to assemble a proper record on appeal, and the record must contain all of the relevant papers that were before the Supreme Court. Here, the Supreme Court relied upon its review of a stipulation filed by Mark Yosef, Esq. in deciding the motion that is the subject of this appeal. However, the record compiled by the plaintiff does not contain this document. As the address provided to the court by the plaintiff’s counsel in that stipulation was pivotal to the court’s determination, the record is inadequate to allow this Court to render an informed decision pertaining to the order appealed from, and the appeal must be dismissed.
(Internal quotations and citations omitted).