At page 641 Consequences of submitting an incomplete record on appeal21 citing cases“as the appellant, . . . must suffer the consequences' of submitting an incomplete record”
- Matter of Hennessy v. Oneida Cnty. Bd. of Elections, 217 A.D.3d 1452 (N.Y. App. Div. 4th Dep't 2023).published"A validating petition must specify the individual determinations of a board of elections that the candidate claims were erroneous, including the signatures that the candidate claims were improperly invalidated" ( Matter of Fuchs v Park ,…
- Mohamed v. Abuhamra, 207 A.D.3d 1121 (N.Y. App. Div. 4th Dep't 2022).publishedWith respect to "whether plaintiff established that [she] had a potentially meritorious claim" ( U.S. Bank, N.A. , 187 AD3d at 1651 ), we note that defendant failed to submit a sufficient record for us to review that issue, and defendant,…
- Matter of Jon Z. (Margaret Z.), 151 A.D.3d 1854 (N.Y. App. Div. 4th Dep't 2017).publishedCorp. v City of Niagara Falls, 133 AD3d 1229 , 1229 [2015]; Matter of Rodriguez v Ward, 43 AD3d 640, 641 [2007]).
- Gannon v. Sadeghian, 151 A.D.3d 1586 (N.Y. App. Div. 4th Dep't 2017).publishedAlthough plaintiffs contend that Baigent has refused to produce documents, no such refusal appears in the record, and plaintiffs, as the appellants, must suffer the consequences of proceeding on an incomplete record (see Matter of Rodrigue…
- Resetarits Constr. Corp. v. City of Niagara Falls, 133 A.D.3d 1229 (N.Y. App. Div. 4th Dep't 2015).published Plaintiff, as the party raising this issue on its appeal, “submitted this appeal on an incomplete record and must suffer the consequences” (Matter of Santoshia L., 202 AD2d 1027, 1028 [1994]; see Killian v Heiman, 105 AD3d 1459, 1459-1460…
- Carney v. Ward, 120 A.D.3d 995 (N.Y. App. Div. 4th Dep't 2014).published “Petitioner, ‘as the appellant,. . . must suffer the consequences’ of submitting an incomplete record” (Matter of Rodriguez v Ward, 43 AD3d 640, 641 [2007]; see Matter of Lopez v Lugo, 115 AD3d 1237, 1237 [2014]; Curto v Zittel’s Dairy Far…
- Gaiter v. City of Buffalo Bd. of Educ., 118 A.D.3d 1507 (N.Y. App. Div. 4th Dep't 2014).published Plaintiffs, as the appellants, must suffer the consequences of having submitted an incomplete record (see Matter of Rodriguez v Ward, 43 AD3d 640, 641 [2007]).
- Curto v. Zittel's Dairy Farm, 106 A.D.3d 1482 (N.Y. App. Div. 4th Dep't 2013).published Finally, with respect to the motion at issue in appeal No. 4, the record does not contain sufficient information to enable us to determine whether the court properly denied that motion seeking, inter alia, leave to renew, and plaintiff, “…
- Carson v. Town of Oswego Zoning Bd. of Appeals, 100 A.D.3d 1559 (N.Y. App. Div. 4th Dep't 2012).published Thus, we “are unable to determine the merits of petitioner^’] contention[ ] inasmuch as the record on appeal is incomplete” (Matter of Rodriguez v Ward, 43 AD3d 640, 641 [2007]).
- Dixon v. Reynolds, 65 A.D.3d 819 (N.Y. App. Div. 4th Dep't 2009).publishedAdditionally, petitioner failed to serve the Erie County Independence Party in accordance with the terms of the order to show cause (see Matter of Rodriguez v Ward, 43 AD3d 640, 641 [2007]).
Show 4 more citing cases
- Lopez v. Lugo, 115 A.D.3d 1237 (N.Y. App. Div. 4th Dep't 2014).published The mother, “as the appellant, submitted this appeal on an incomplete record and must suffer the consequences” (Matter of Santoshia L., 202 AD2d 1027, 1028 [1994]; see Matter of Rodriguez v Ward, 43 AD3d 640, 641 [2007]; LeRoi & Assoc. v B…
- Killian v. Heiman, 105 A.D.3d 1459 (N.Y. App. Div. 4th Dep't 2013).published We therefore are unable to determine the merits of defendant’s contention, and defendant, “as the appellant, . . . must suffer the consequences” of submitting an incomplete record (Matter of Santoshia L., 202 AD2d 1027, 1028 [1994]; see Ma…
- Carney, Patrick M. v. Ward, Dennis E., No. CAE 14-01437 (N.Y. App. Div. 4th Dep't Aug. 20, 2014).published
- Curto, Patricia v. Zittel's Dairy Farm, No. CA 11-02445 (N.Y. App. Div. 4th Dep't May 3, 2013).published
Other citing cases
- Lopez, Wilfredo v. Lugo, Jennifer, No. CAF 13-00215 (N.Y. App. Div. 4th Dep't Mar. 21, 2014).published
- Killian, Albert v. Heiman, Kevin, No. CA 12-02077 (N.Y. App. Div. 4th Dep't Apr. 26, 2013).published
v.
Dennis E. Ward, as Commissioners of the Erie County Board of Elections
Appeal from an order of the Supreme Court, Erie County (Janice M. Rosa, J., for Diane Y. Devlin, J.), entered August 17, 2007 in a proceeding pursuant to Election Law article 16. The order dismissed the petition.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Petitioner commenced this proceeding seeking to validate her designating petition for the office of City Court Judge for the City of Buffalo in the Democratic primary election to be held on September 18, 2007. Supreme Court properly dismissed the petition. Petitioner failed to provide the requisite proof that service was effectuated in accordance with the terms[*641] of the order to show cause (see generally Matter of Gershel v Porr, 89 NY2d 327, 331 [1996]), and the court therefore lacked personal jurisdiction over respondents (see Matter of Phillips v Sanfilippo, 306 AD2d 954, 955 [2003], lv denied 100 NY2d 507 [2003]). In any event, the petition also was properly dismissed on the ground that it failed to “specify the individual determinations of [the Erie County] [B]oard of [Ejections that [petitioner] claims were erroneous, including the signatures that [she] claims were improperly invalidated” (Matter of Jennings v Board of Elections of City of N.Y., 32 AD3d 486, 486 [2006], lv denied 7 NY3d 707 [2006]).
Even assuming, arguendo, that service was properly effectuated and that the petition sufficiently set forth the allegedly erroneous determinations of the Erie County Board of Elections, we nevertheless are unable to determine the merits of petitioner’s contentions inasmuch as the record on appeal is incomplete. Petitioner, “as the appellant,. . . must suffer the consequences” of submitting an incomplete record (Matter of Santoshia L., 202 AD2d 1027, 1028 [1994]). Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Pine, JJ.