In re the Estate of Passalacqua

Appellate Division of the Supreme Court of New York

In re the Estate of Passalacqua

31 A.D.3d 648, 819 N.Y.S.2d 100

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 18, 2006

StatusPublished

Cited by7 cases

This text of 31 A.D.3d 648 (In re the Estate of Passalacqua) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Passalacqua, 31 A.D.3d 648, 819 N.Y.S.2d 100 (N.Y. Ct. App. 2006).

Pincite

Opinion

In a proceeding pursuant to SCPA 2105 to compel the conveyance of real property, Salvatore R. Passalacqua and Joseph Passalacqua, the coadministrators of the estate of Salvatore Passalacqua, appeal from a decree of the Surrogate’s Court, Kings County (Tomei, J.), dated July 19, 2005, which, after a hearing, granted the petition and directed them to transfer the subject property to the petitioners.

Ordered that the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the CPLR and the rules of this Court (see CPLR 5528 [a]; 22 NYCRR 670.10-b [c]).

“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” (Cohen v 1651 Carroll Realty Corp., 23 AD3d 603 [2005] [internal quotation marks omitted]; Lucadamo v Bridge To Life, Inc., 12 AD3d 422 [2004]). The appellants failed to provide this Court with an appendix containing copies of the transcripts which are necessary to review the decree appealed from. Miller, J.P., Goldstein, Spolzino and Dillon, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to SCPA 2105 to compel the conveyance of real property, Salvatore R. Passalacqua and Joseph Passalacqua, the coadministrators of the estate of Salvatore Passalacqua, appeal from a decree of the Surrogate’s Court, Kings County (Tomei, J.), dated July 19, 2005, which, after a hearing, granted the petition and directed them to transfer the subject property to the petitioners.

Ordered that the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the CPLR and the rules of this Court (see CPLR 5528 [a]; 22 NYCRR 670.10-b [c]).

“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” (Cohen v 1651 Carroll Realty Corp., 23 AD3d 603 [2005] [internal quotation marks omitted]; Lucadamo v Bridge To Life, Inc., 12 AD3d 422 [2004]). The appellants failed to provide this Court with an appendix containing copies of the transcripts which are necessary to review the decree appealed from. Miller, J.P., Goldstein, Spolzino and Dillon, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

31 A.D.3d 648, 819 N.Y.S.2d 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-passalacqua-nyappdiv-2006.

Opinion

Related

Cite This Page — Counsel Stack