Cross appeals from the judgment, Supreme Court, New York County entered on December 14, 1970, dismissed, unless appellants serve and file a proper appendix and transcript within 30 days from the date of publication hereof, in compliance with rule 600.5 ( 22 NYCRR 600.5) and CPLR 5525. Both sides have appealed from a judgment of the Supreme Court, New York County, entered on December 14, 1970, which vacated a prior judgment entered on default in favor of the plaintiff for $10,000 against defendant Clem Mitchell in a negligence action. It is the earlier judgment, which, in the instant action brought against defendant insurer pursuant to section 167 (subd. 1, par. [b]), Insurance Law, the plaintiff seeks to enforce because the previous judgment has remained unsatisfied. The trial court in the instant action reopened the case, vacated the earlier default judgment, and ordered an inquest on the issue of damages only. While it seems easily apparent that the previous default judgment should not have been vacated, and that the only question before the court was whether this plaintiff, who in an action pursuant to section 167 (subd. 1, par. [b]) of the Insurance Law stands in the shoes of the assured ( Wenig v. Glens Falls Ind. Co., 294 N.Y. 195), could enforce the earlier default judgment against the insurer, the appendix submitted on this appeal is patently insufficient for the purpose of passing on the contentions raised in the respective briefs, as to whether the insurance company had a right to disclaim. As was said in E.P. Reynolds, Inc. v. Nager Elec. Co., ( 17 N.Y.2d 51, 54), this court "is not required to determine an appeal with the aid of an appendix which it considers inadequate." (See, also, Wexler v. South Brooklyn Sav. Bank, 33 A.D.2d 575 [2d Dept., 1969].)
Concur — McGivern, J.P., Markewich, Kupferman, Tilzer and Eager, JJ.