CHEESEBORO v. SEVERE (2025)

Supreme Court, Appellate Term, New York,

Tyrone CHEESEBORO, Plaintiff-Appellant, v. Jean SEVERE, Defendant-Respondent.

570182 /25

Decided: May 27, 2025

PRESENT: Hagler, P.J., Tisch, James, JJ.

Appeal from judgment (Brenda Rivera, J.), entered September 13, 2022, dismissed, without costs.

“It is the obligation of the appellant to assemble a proper record on appeal” (Babayev v Kreitzman 168 AD3d 655 [2019][internal citations omitted]). Plaintiff's failure to submit the relevant exhibits, including rent payment receipts that were considered by the trial court in determining that the proof he submitted was insufficient to entitle him to a refund of the alleged rent overpayment, precludes this Court from engaging in meaningful and effective appellate review of the dismissal of his claim (see CPLR 5526; Bing v Myrtle 6, LLC, 227 AD3d 769, 770 [2024]; Palacios v Zinaba, 71 Misc 3d 141[A], 2021 NY Slip Op 50560[U] [App Term, 1st Dept 2021]). We note that this Court made repeated efforts to obtain the relevant exhibits from plaintiff, to no avail.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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