DARRYL GAITER AND HELEN GAITER INDIVIDUALLY AND AS HUSBAND AND WIFE PLAINTIFFS APPELLANTS v. CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL 39 DEFENDANTS RESPONDENTS (2014)

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

DARRYL GAITER AND HELEN GAITER, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS–APPELLANTS, v. CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL # 39, DEFENDANTS–RESPONDENTS.

CA 13–02095

Decided: June 20, 2014

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND VALENTINO, JJ.

LAW OFFICE OF ERIC B. GROSSMAN, WILLIAMSVILLE (ERIC B. GROSSMAN OF COUNSEL), FOR PLAINTIFFS–APPELLANTS.

MEMORANDUM AND ORDER

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

Memorandum: On appeal from an order entered after a nonjury trial, plaintiffs contend that the verdict sheet failed to include an award for past medical expenses despite a stipulation of the parties to the inclusion of such an award in a specified amount. We are unable to determine the merits of plaintiffs' contention inasmuch as the 28–page record on appeal does not contain sufficient information to enable us to determine whether there was an enforceable stipulation and, if so, whether plaintiffs requested that the verdict sheet contain the alleged stipulated sum for past medical expenses. Plaintiffs, as the appellants, must suffer the consequences of having submitted an incomplete record (see Matter of Rodriguez v. Ward, 43 AD3d 640, 641).

Frances E. Cafarell

Clerk of the Court

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