BANK NATIONAL ASSOCIATION v. Patsy J. Morton, etc., appellant. (2026)

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Patsy J. Morton appeals from an order of the Supreme Court, Westchester County (Alexandra D. Murphy, J.), dated November 20, 2023.  The order, insofar as appealed from, granted the plaintiff's motion pursuant to RPAPL 1354 to confirm the amounts due from the proceeds of the sale of the subject property and denied the cross-motion of the defendant Patsy J. Morton pursuant to CPLR 203(d) to assert a defense based on equitable recoupment, pursuant to RPAPL 1321 to ascertain amounts due, and for a finding of usurious interest on the subject loan.

ORDERED that the appeal is dismissed, with costs.

“ ‘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’ ” (Ravasio v. La Pata, 216 A.D.3d 686, 686, 188 N.Y.S.3d 165, quoting U.S. Bank Trust, N.A. v. Green–Stevenson, 208 A.D.3d 1202, 1204, 174 N.Y.S.3d 124).  An appendix is required to include “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];  Ravasio v. La Pata, 216 A.D.3d at 686, 188 N.Y.S.3d 165).  “This Court is not obligated to determine an issue where the appendix submitted to it is inadequate to permit review” (Trimarco v. Data Treasury Corp., 146 A.D.3d 1004, 1006, 46 N.Y.S.3d 134).

Here, the appendix does not include, among other things, the plaintiff's motion papers and supporting exhibits.  These omissions “ ‘inhibit the court's ability to render an informed decision on the merits of the appeal’ ” (Ravasio v. La Pata, 216 A.D.3d at 687, 188 N.Y.S.3d 165, quoting Skalska v. Grubeki, 201 A.D.3d 764, 765, 156 N.Y.S.3d 900).  Accordingly, the appeal must be dismissed.

CONNOLLY, J.P., FORD, VOUTSINAS and LANDICINO, JJ., concur.