The Appellate Division of the Supreme Court of the State of New York has dismissed an appeal filed by Dorrell McKenzie in a mortgage foreclosure case against U.S. Bank National Association. This decision, issued on September 16, 2026, affects McKenzie, who is fighting to overturn previous court rulings that favored the bank. The case highlights the importance of proper documentation in legal appeals.
In this case, U.S. Bank National Association initiated foreclosure proceedings against Dorrell McKenzie in July 2017. The bank claimed that McKenzie defaulted on her mortgage payments for a property located in Brooklyn, New York. The dispute escalated as the bank sought a summary judgment, which would allow them to proceed with the foreclosure. McKenzie did not initially oppose the bank's motion, leading to a ruling in favor of the bank in May 2018.
After some time, McKenzie attempted to vacate her default and challenge the bank's claims. In August 2019, she filed a motion to set aside her previous inaction. However, the Supreme Court denied her request in December 2019. The legal battle continued, and in February 2022, U.S. Bank moved for a judgment of foreclosure and sale, prompting McKenzie to file a cross-motion to renew her previous requests.
The Appellate Division reviewed McKenzie's appeal concerning the denial of her cross-motion, which sought to vacate her default and amend her answer to include affirmative defenses. The court found that McKenzie failed to provide a complete record for the appeal. According to the ruling, "It is the obligation of the appellant to assemble a proper record on appeal." This lack of documentation rendered it impossible for the court to conduct a meaningful review of her case.
Judge Cheryl E. Chambers, along with Judges Deborah A. Dowling, Lillian Wan, and Lourdes M. Ventura, stated that the appeal was dismissed due to the inadequate record. The court emphasized that appeals lacking complete records must be dismissed, as they hinder the ability to review the case effectively.
This ruling has significant implications for McKenzie, as it effectively upholds the previous court decisions that favored U.S. Bank. By dismissing the appeal, the court allows the foreclosure proceedings to continue without further delay. The decision underscores the necessity for parties involved in legal disputes to ensure they provide comprehensive documentation when appealing court decisions.
Moving forward, this ruling may set a precedent for similar cases, emphasizing the importance of proper record-keeping in legal proceedings. Individuals facing foreclosure or other legal challenges should take note of the court's insistence on thorough documentation. This case serves as a reminder that failing to meet procedural requirements can lead to unfavorable outcomes.
As for what’s next, it is unclear whether McKenzie will pursue further legal options, such as seeking permission to appeal to a higher court. Details were not available in the court filing regarding any related cases or potential next steps McKenzie might take after this ruling.