Nelsen v. Rampone
| Decision Date | 03 March 1969 |
| Citation | 31 A.D.2d 933,299 N.Y.S.2d 18 |
| Parties | Lillian NELSEN et al., Appellants, v. Charles R. RAMPONE et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Boylan & Berger, Port Jefferson, for defendants-respondents.
Before HOPKINS, Acting P.J., and BENJAMIN, MUNDER, MARTUSCELLO and KLEINFELD, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for false arrest, false imprisonment, malicious prosecution, libel, slander and expenses for medical care, etc., plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, entered May 4, 1967 after a nonjury trial, upon the trial court's dismissal of the complaint and its award of $1,525 against plaintiffs on the counterclaim.
Appeal dismissed, with costs, unless appellants file and serve a proper appendix within 30 days after entry of the order hereon.
The appendix submitted on this appeal is patently insufficient for the purpose of passing on the contentions raised in appellants' brief. The trial produced at least 560 pages of transcript of which the appendix contains merely a few pages of testimony (see E. P. Reynolds, Inc. v. Nager Elec. Co., 17 N.Y.2d 51, 268 N.Y.S.2d 51, 215 N.E.2d 339; Melville v. Melville, 29 A.D.2d 679, 286 N.Y.S.2d 892; Pollack v. Pollack, 25 A.D.2d 756, 269 N.Y.S.2d 957; CPLR 5528).
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Nelsen v. Rampone
...the appeal unless the appellants would file and serve a proper appendix within 30 days after entry of that order (Nelsen v. Rampone, 31 A.D.2d 933, 299 N.Y.S.2d 18). Appellants have submitted a supplemental appendix which is patently insufficient to determine the issues raised. The appendix......
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...of which the appendix contains three pages of testimony (Lo Gerfo v. Lo Gerfo, 30 A.D.2d 156, 290 N.Y.S.2d 1005; Nelsen v. Rampone, 31 A.D.2d 933, 299 N.Y.S.2d 18; see E. P. Reynolds, Inc. v. Nager Elec. Co., 17 N.Y.2d 51, 268 N.Y.S.2d 15, 215 N.E.2d 339; Melville v. Melville, 29 A.D.2d 679......
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...Estates Civic Association, 20 A.D.2d 654, 246 N.Y.S.2d 241; Guarnacci v. Ferguson, 29 A.D.2d 839, 287 N.Y.S.2d 471; Nelsen v. Rampone, 31 A.D.2d 933, 299 N.Y.S.2d 18). ...