| Abrahams v Greenwood Trust Co. |
| 2008 NY Slip Op 04450 [51 AD3d 695] |
| May 13, 2008 |
| Appellate Division, Second Department |
| Solomon Abrahams, Appellant, v Greenwood TrustCompany, Doing Business as The Discover Card et al., Respondents. |
—[*1] Law Offices of Andrew P. Saulitis P.C., New York, N.Y., for respondent Greenwood TrustCompany, doing business as The Discover Card. Joseph Terkell, New City, N.Y., respondent pro se.
In an action, inter alia, to recover damages for libel, the plaintiff appeals, as limited by hisbrief, from so much of an order of the Supreme Court, Westchester County (Adler, J.), enteredMay 10, 2007, as granted those branches of the separate motions of the defendant GreenwoodTrust Company, doing business as The Discover Card, and the defendant Joseph Terkell, whichwere to dismiss the complaint insofar as asserted against each of them.
Ordered that the appeal is dismissed, with one bill of costs.
"An appellant who perfects an appeal by using the appendix method must file an appendixthat contains all the relevant portions of the record in order to enable the court to render aninformed decision on the merits of the appeal" (NYCTL 1998-1 Trust v Shahipour, 29 AD3d 965 [2006]). Theappellant failed to provide this Court with an appendix containing copies of any of the paperspertaining to the motion of the defendant Greenwood Trust Company, doing business as TheDiscover Card, inter alia, to dismiss the complaint insofar as asserted against it. Furthermore, theappellant omitted from the appendix numerous exhibits to the moving affirmation of thedefendant Joseph Terkell, which Terkell submitted in support of that branch of his separatemotion which was for similar relief. Accordingly, we dismiss the appeal for failure to complywith the CPLR and the rules of this Court (see CPLR 5528 [a]; 22 NYCRR 670.10-b [c];NYCTL 1998-1 Trust v Shahipour,29 AD3d 965 [2006]). Florio, J.P., Miller, Dillon and McCarthy, JJ., concur.