LUBIN v. ARNOLD DIJOSEPH (2025)

DECISION & ORDER

In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Joseph J. Esposito, J.), entered March 7, 2024.  The order, insofar as appealed from, in effect, upon reargument and renewal, adhered to a prior determination in an order of the same court dated September 28, 2023, denying the plaintiff's motion to compel a settlement and granting the defendants’ cross-motion to dismiss the complaint.

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

“ ‘Pursuant to CPLR 5526 it is the obligation of the appellant to assemble a proper record on appeal, and the record must contain all of the relevant papers that were before the Supreme Court’ ” (Fitzpatrick v. CSS Indus., Inc., 236 A.D.3d 863, 863, 228 N.Y.S.3d 326, quoting Fitzpatrick v. Affairs & Banquets Floral Servs., Inc., 227 A.D.3d 954, 954, 209 N.Y.S.3d 603;  see Babayev v. Kreitzman, 168 A.D.3d 655, 655, 90 N.Y.S.3d 288).  “ ‘Appeals that are not based upon complete and proper records must be dismissed’ ” (Fitzpatrick v. CSS Indus., Inc., 236 A.D.3d at 863, 228 N.Y.S.3d 326, quoting Garnerville Holding Co. v. IMC Mgt., 299 A.D.2d 450, 450, 749 N.Y.S.2d 892).

Here, the appellant failed to include in the record on appeal the full order appealed from, all papers submitted in support of, and in opposition to, the motion for leave to reargue and/or renew, the papers submitted in support of, and in opposition to, the plaintiff's underlying motion to compel a settlement or the defendants’ underlying cross-motion to dismiss the complaint, or the order dated September 28, 2023.  Since these omissions have rendered meaningful review of the order appealed from “ ‘virtually impossible, dismissal of the appeal is the appropriate disposition’ ” (Fitzpatrick v. CSS Indus., Inc., 236 A.D.3d at 863–864, 228 N.Y.S.3d 326 [internal quotation marks omitted], quoting Fitzpatrick v. Affairs & Banquets Floral Servs., Inc., 227 A.D.3d at 955, 209 N.Y.S.3d 603).

GENOVESI, J.P., DOWLING, WAN and TAYLOR, JJ., concur.