D* A* sued the Town of Oyster Bay and others for negligent infliction of emotional distress after her house in Hicksville was demolished in June 2022. The demolition was carried out under a January 2022 court order, which A* claimed was based on false evidence that the house was dangerous. In March 2024, the Supreme Court granted the defendants’ motion to dismiss under CPLR 3211(a). A* appealed.
On its review, the Appellate Division, Second Department, ending up dismissing the appeal. It held that A*’s appendix -- a curated collection of documents submitted by the appellant to support her appeal -- was deficient under CPLR 5528(a)(5) and 22 NYCRR 1250.7(d)(1). The appendix failed to include key exhibits submitted by the defendants in support of their motion, which prevented the court from conducting a full review. Citing prior cases, the court emphasized that it is not obligated to decide appeals when the record is incomplete.
This case highlights the procedural importance of compiling a proper appellate record. Even substantive claims—such as alleged misuse of judicial process—can be lost if the appeal is not perfected correctly. The dismissal was procedural, not a ruling on the merits.
It's safe to say, a bad appendix usually gets excised ...
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DECISION