Opinion
2018–05620 Index No. 34051/12
11-10-2021
BANK OF NEW YORK MELLON TRUST COMPANY, N.A., etc., respondent, v. Kim MCKENZIE, appellant, et al., defendants.
Kim McKenzie, Wyandanch, NY, appellant pro se.
Kim McKenzie, Wyandanch, NY, appellant pro se.
MARK C. DILLON, J.P., LINDA CHRISTOPHER, PAUL WOOTEN, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Kim McKenzie appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Suffolk County (Peter H. Mayer, J.), dated March 15, 2018. The order and judgment of foreclosure and sale, inter alia, granted the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale, and directed the sale of the subject property.
ORDERED that the appeal is dismissed, without costs or disbursements.
" ‘An appellant who perfects an appeal by using the appendix method must file an appendix that contains all the relevant portions of the record in order to enable the court to render an informed decision on the merits of the appeal’ " ( Wells Fargo Bank, N.A. v. Oyenuga, 156 A.D.3d 743, 743, 64 N.Y.S.3d 905, quoting Wells Fargo Bank, N.A. v. Limtung, 151 A.D.3d 1114, 1115, 58 N.Y.S.3d 115 [internal quotation marks omitted]; accord Manko v. Gabay, 175 A.D.3d 483, 483, 103 N.Y.S.3d 842 ). "The appendix shall contain those portions of the record necessary to permit the court to fully consider the issues which will be raised by the appellant and the respondent" ( 22 NYCRR 1250.7 [d][1]; see CPLR 5528[a][5] ; Manko v. Gabay, 175 A.D.3d at 483, 103 N.Y.S.3d 842 ; Wells Fargo Bank, N.A. v. Oyenuga, 156 A.D.3d at 743, 64 N.Y.S.3d 905 ).
Here, the appellant has perfected the appeal by using the appendix method, but has failed to include in the appendix the summons and complaint, the plaintiff's underlying motion papers, and all of the Supreme Court's prior orders that determined the underlying motions. The omission of these documents renders it impossible for this Court to make an informed decision on the merits of the appeal. Accordingly, the appeal must be dismissed (see Wells Fargo Bank, N.A. v. Oyenuga, 156 A.D.3d at 743, 64 N.Y.S.3d 905 ; Wells Fargo Bank, N.A. v. Limtung, 151 A.D.3d at 1115, 58 N.Y.S.3d 115 ; Kumar v. Chander, 149 A.D.3d 709, 51 N.Y.S.3d 177 ).
DILLON, J.P., CHRISTOPHER, WOOTEN and DOWLING, JJ., concur.