Claimant's motion to settle the record on appeal was denied because he failed to submit a copy of the proposed record on appeal.
|Claimant short name:||GREEN|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||Shawn Green, Pro Se|
|Defendant's attorney:||Honorable Eric T. Schneiderman, Attorney General
By: Martin A. Hotvet, Esquire
Assistant Solicitor General
|Third-party defendant's attorney:|
|Signature date:||July 7, 2017|
|See also (multicaptioned case)|
Claimant moves for an Order settling and certifying the record on appeal pursuant to 22 NYCRR 800.7 (b).
By Decision and Order filed November 14, 2016, this Court denied claimant's motion for partial summary judgment on the issue of liability and, upon searching the record, dismissed his cause of action for religious discrimination. Claimant filed a notice of appeal from this Order and now seeks to settle and certify the record on appeal.
It appears the claimant is attempting to perfect the instant appeal utilizing the appendix method. When the appendix method for perfecting an appeal is used, a "single copy of the record must be stipulated to by the parties or, if the parties are unable to stipulate, settled by the judge before whom the proceedings were held" (22 NYCRR 800.7 [b]).(1) The record on appeal must contain the items required by 22 NYCRR 800.5 (a) and the appendix must comply with CPLR 5529 and 22 NYCRR 800.8 (b).
In opposition to the motion, defense counsel indicates that he has not been served with a copy of the proposed record on appeal and therefore has been unable to stipulate to the record. Here, too, claimant submitted only what appears to be a proposed table of contents for the record on appeal, but has failed to submit a copy of the proposed record. Accordingly, the Court is unable to certify the record on appeal.
Based on the foregoing, the motion is denied.
July 7, 2017
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
The Court considered the following papers:
1. Notice of motion dated May 2, 2017;
2. Affidavit of Shawn Green sworn to May 2, 2017;
3. Affirmation of Martin A. Hotvet dated June 26, 2017.
1. When the appendix method is used, the appellant shall file with the Clerk a single copy of the papers constituting the record on appeal prepared in accordance with 22 NYCRR 800.5, with proof of service upon each adverse party, or appellant may file with the Clerk proof of service of a notice upon each adverse party that the single copy of the record has been filed in the office of the Clerk of the Appellate Division, Third Department. In the alternative, when serving appellant's brief, the appellant may serve the single copy of the record upon respondent and shall so state in an affidavit of service (22 NYCRR § 800.4 [b]).