"What's a Boy To Do?" and Other Appellate Brief Writing Faux Pas

Appellate Division of the New York State Supre...

Appellate Division of the New York State Supreme Court (Photo credit: Wikipedia)

Compliments of New York’s Appellate Term, Second Department (Promed Durable Equipment Inc. v. Geico, 2013 NY Slip Op 23283, August 2013) things to avoid when drafting appellate briefs:

In the instant case, the brief submitted on respondent’s behalf contained… pages denominated “Table of Authorities” and “Summary of the Argument” that merely state that these pages were “left blank intentionally.” The “Question Presented” stated only “WHAT’S A BOY TO DO?” The remainder of the respondent’s brief did not address the facts of this case or interpose any specific argument as to why the order from which defendant appealed should be affirmed. Based upon the above, and other statements in the respondent’s brief, we order…counsel for defendant, to show cause why an order should or should not be made and entered imposing sanctions and costs…

–Nicole Black
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