WOODWARD v. NEW YORK CITY (2023)

Appeal from order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered on or about April 28, 2022, which granted defendants’ motion to dismiss the complaint as against them, unanimously dismissed, without costs, for failure to perfect the appeal in the proper manner.

The appeal from the order is dismissed because plaintiff failed to file a proper appellate record.  Plaintiff failed to include the underlying motion to dismiss, her opposition to that motion, and the exhibits annexed to the parties’ submissions (see CPLR 5526;  Quezada v. Mensch Mgt. Inc., 89 A.D.3d 647, 933 N.Y.S.2d 276 [1st Dept. 2011]).  Without the benefit of a proper record, meaningful review of this matter is impossible given that Supreme Court granted the motion based in part on the documentary evidence annexed to the parties’ submissions (see UBS Sec. LLC v. Red Zone LLC, 77 A.D.3d 575, 579, 910 N.Y.S.2d 55 [1st Dept. 2010], lv denied 17 N.Y.3d 706, 2011 WL 2568003 [2011]).