GERHARDT v. NEW YORK CITY TRANSIT AUTHORITY (2004)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Minardo, J.), dated September 27, 2002, which denied their motion pursuant to CPLR 4404, inter alia, to set aside a jury verdict in favor of the defendants New York Transit Authority and John J. Lebrio as against the weight of the evidence.

ORDERED that the appeal is dismissed, without costs or disbursements.

It is the obligation of the appellant to assemble a proper record on appeal, which must include any relevant transcripts of proceedings before the Supreme Court (see CPLR 5525[a];  5526;  Matter of Board of Educ. of Greenburgh Eleven Union Free School Dist. v. Polonio, 308 A.D.2d 491, 764 N.Y.S.2d 646;  Garnerville Holding Co. v. IMC Mgt., 299 A.D.2d 450, 749 N.Y.S.2d 892;  Whyte v. Destra, 298 A.D.2d 384, 751 N.Y.S.2d 391;  Sultan v. Sultan, 295 A.D.2d 498, 744 N.Y.S.2d 852).   Here, although the plaintiffs seek review of an order which denied their motion pursuant to CPLR 4404, inter alia, to set aside a jury verdict in favor of two of the defendants, they did not include the trial transcript in the record.   Accordingly, the record is inadequate to enable this court to render an informed decision on the merits, and the appeal must be dismissed (see Eastern Numismatics v. Binnick, 300 A.D.2d 620, 753 N.Y.S.2d 517;  Garnerville Holding Co. v. IMC Mgt., supra;  Whyte v. Destra, supra;  Matison v. County of Nassau, 290 A.D.2d 494, 736 N.Y.S.2d 115;  Matter of Nicoll, 191 A.D.2d 444, 594 N.Y.S.2d 296).