The case of Cheeseboro v. Severe highlights a fundamental principle of appellate procedure: the appellant bears the responsibility of compiling a complete and adequate record for review.
In this case, T. Cheeseboro sought to overturn a judgment issued by the Small Claims Part of the Bronx County Civil Court, which had dismissed his claim against J. Severe. However, the Appellate Term, First Department, ended up dismissing Cheeseboro's appeal due to his failure to provide essential evidence.
At the heart of Cheeseboro’s claim was a purported rent overpayment, for which he sought reimbursement. The trial court found that the proof he presented was insufficient to justify the requested refund. Crucial to this determination were rent payment receipts—documents that were considered during trial but were missing from the appellate record. Without those exhibits, the appellate court was unable to meaningfully assess the validity of Cheeseboro’s arguments or the propriety of the outcome.
Recognizing the appellant’s duty to provide a complete record, the appellate court cited several cases which reinforce the notion that an appeal cannot proceed effectively without the necessary documentation and that the failure to submit relevant exhibits obstructs appellate review. Despite multiple attempts by the Court to obtain the missing materials, Cheeseboro did not comply, leaving the AT1 with no choice but to dismiss his appeal.
I guess you could say that was a Severe outcome.
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DECISION