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Waterside Estates at Cresthaven Homeowners Association, Inc. v. Ciafone

Supreme Court of New York, Second Department

July 10, 2013

Waterside Estates at Cresthaven Homeowners Association, Inc., respondent,
v.
John J. Ciafone, et al., appellants. Index No. 3399/07

John J. Ciafone, Astoria, N.Y., appellant pro se, and for appellant.

Gina Argento. Somer & Heller, LLP, Commack, N.Y. (Stanley J. Somer of counsel), for respondent.

PETER B. SKELOS, J.P., DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

In an action, inter alia, for ejectment from real property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Schulman, J.), entered January 6, 2012, as granted that branch of the plaintiff's motion which was to confirm those portions of the report of a referee dated September 8, 2010, recommending that the defendants be ejected from the plaintiff's property and pay an attorney's fee in the sum of $5, 000, and denied that branch of the defendants' cross motion which was to reject those portions of the referee's report.

ORDERED that the appeal is dismissed, with costs.

"It is the obligation of the appellant to assemble a proper record on appeal" (Gaffney v Gaffney, 29 A.D.3d 857, 857; see Fernald v Vinci, 13 A.D.3d 333, 334). An appellant's record on appeal must contain all of the relevant papers that were before the Supreme Court (see CPLR 5526; Matison v County of Nassau, 290 A.D.2d 494, 495). "Appeals that are not based upon complete and proper records must be dismissed" (Garnerville Holding Co. v IMC Mgt., 299 A.D.2d 450, 450).

Here, the defendants failed to include in the record on appeal, inter alia, the transcript from the hearing held before the referee and the exhibits entered into evidence at the hearing, which are necessary for this Court to render an informed decision on the merits (see Aurora Indus., Inc. v Halwani, 102 A.D.3d 900, 901). Accordingly, the appeal must be dismissed.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.


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