IN RE: LAW OFFICES OF MICHAEL S. LAMONSOFF (2025)

DECISION & ORDER

In a proceeding pursuant to Judiciary Law §§ 474 and 475 to apportion attorneys’ fees, Gorayeb & Associates, P.C., appeals from an order of the Supreme Court, Kings County (Rupert V. Barry, J.), dated September 29, 2023.  The order, after a hearing, awarded the petitioner 90% of the net legal fees recoverable in a related action.

ORDERED that the appeal is dismissed, with costs to the petitioner.

Nery Amaya retained Gorayeb & Associates, P.C. (hereinafter Gorayeb), to represent him in commencing an action to recover damages for personal injuries.  Amaya thereafter discharged Gorayeb and retained the petitioner to represent him.  After the petitioner secured a favorable settlement offer on behalf of Amaya, the petitioner commenced this proceeding to apportion the attorneys’ fees.  In an order dated September 29, 2023, the Supreme Court, after a hearing, awarded 90% of the net legal fees to the petitioner and 10% to Gorayeb.  Gorayeb appeals.

“It is the obligation of the appellant to assemble a proper record on appeal” (Kruseck v. Ross, 82 A.D.3d 939, 940, 918 N.Y.S.2d 727;  see CPLR 5526;  Hayashi v. Cadet, 192 A.D.3d 780, 781, 139 N.Y.S.3d 880).  “The record on appeal from a final judgment shall consist of the notice of appeal, the judgment-roll, the corrected transcript of the proceedings or a statement pursuant to subdivision (d) of rule 5525 if a trial or hearing was held” (CPLR 5526;  see Bing v. Myrtle 6, LLC, 227 A.D.3d 769, 770, 210 N.Y.S.3d 770).  Here, Gorayeb failed to include the transcript of the hearing on the petition before the Supreme Court or a statement pursuant to CPLR 5525(d) in lieu of a stenographic transcript (see Babayev v. Kreitzman, 168 A.D.3d 655, 656, 90 N.Y.S.3d 288).  Accordingly, since this omission inhibits this Court's ability to render an informed decision on the merits, dismissal of the appeal is appropriate (see Wells Fargo Bank, N.A. v. Russo, 234 A.D.3d 1014, 1016, 225 N.Y.S.3d 702;  McWhinney v. Rockland Cider Works, LLC, 233 A.D.3d 668, 669, 221 N.Y.S.3d 232;  Matter of Progressive Specialty Ins. Co. v. Seng Jin Jang, 211 A.D.3d 736, 737, 177 N.Y.S.3d 905).

BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.