Summary
This New York Appellate Division decision addresses a contested probate proceeding in which the objectant appealed a Surrogate's Court order admitting a decedent's will to probate. The appellate court dismissed the appeal solely due to the appellant's failure to submit an adequate appendix containing essential trial court documents, such as the will and motion papers. Relying on established precedent regarding appendix requirements, the court held that the incomplete record prevented meaningful review of the merits. Consequently, the appeal was dismissed with costs payable by the objectant personally.
Topics
Practice areas
Questions Presented
- Whether the appellate court must dismiss the appeal for the appellant’s failure to provide an adequate appendix.
Holdings
- The appeal is dismissed because the appellant failed to provide an adequate appendix containing the necessary portions of the record.
Key quotations
“"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 AD3d 686, 686).” (at 1)
“"The appendix shall contain 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, including material excerpts from transcripts of testimony, papers in connection with a motion, and critical exhibits" (Diana v. DeLisa, 151 AD3d 806, 808).” (at 1)
Factual background
Howard Prince died on March 12, 2021, survived by his spouse Marie Santoro Prince and two adult children, including David Marc Prince. The spouse filed a petition to admit a will dated October 2, 2014. The appellant objected, alleging lack of due execution, testamentary capacity, and undue influence.
Procedural history
The Surrogate's Court admitted a 2014 will and dismissed objections raised by the appellant, David Marc Prince, on grounds of execution, capacity, and undue influence. The appellant appealed, but failed to submit a complete appendix containing the will and related papers.