ALBERT KILLIAN AND MELISSA KILLIAN PLAINTIFFS RESPONDENTS v. KEVIN HEIMAN DEFENDANT APPELLANT (2013)

Supreme Court, Appellate Division, Fourth Department, New York.

ALBERT KILLIAN AND MELISSA KILLIAN, PLAINTIFFS–RESPONDENTS, v. KEVIN HEIMAN, DEFENDANT–APPELLANT.

CA 12–02077

Decided: April 26, 2013

PRESENT: SCUDDER, P.J., PERADOTTO, SCONIERS, VALENTINO, AND MARTOCHE, JJ.

BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT–APPELLANT. CELLINO & BARNES, P.C., ROCHESTER (RICHARD P. AMICO OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order that, inter alia, denied his motion to dismiss the amended complaint with prejudice on the ground that one of the plaintiffs failed to appear at trial for a scheduled cross-examination. Defendant's contention that Supreme Court abused its discretion in denying that motion involves matters outside the record on appeal. We therefore are unable to determine the merits of defendant's contention, and defendant, “as the appellant, ․ must suffer the consequences” of submitting an incomplete record (Matter of Santoshia L., 202 A.D.2d 1027, 1028; see Matter of Rodriguez v. Ward, 43 AD3d 640, 641).

Frances E. Cafarell

Clerk of the Court

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law