SMITH v. DEPARTMENT OF EDUCATION OF CITY OF NEW YORK (2025)

DECISION & ORDER

In an action, inter alia, to recover damages for employment discrimination in violation of title VII of the Civil Rights Act of 1964 (42 USC § 2000e et seq.), the plaintiff appeals from an order of the Supreme Court, Kings County (Patria Frias–Colón, J.), dated May 31, 2024.  The order granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

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

“It is the obligation of the appellant to assemble a proper record on appeal” (Ismail v. Dowling, 240 A.D.3d 674, 675, 235 N.Y.S.3d 193).  “An appellant's record must contain all of the relevant papers that were before the Supreme Court” (id.;  see CPLR 5526).  “Where omission of relevant documents from the record renders meaningful review of the court's order virtually impossible, dismissal of the appeal is the appropriate disposition” (Sterling Trust Ltd. v. Stern, 237 A.D.3d 1236, 1236, 233 N.Y.S.3d 163 [brackets and internal quotation marks omitted]).

Here, the record on appeal is inadequate.  The appellant failed to include, inter alia, her papers in opposition to the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.  Under the circumstances, the appeal must be dismissed (see Ismail v. Dowling, 240 A.D.3d at 675, 235 N.Y.S.3d 193;  Sterling Trust Ltd. v. Stern, 237 A.D.3d at 1236, 233 N.Y.S.3d 163).

BRATHWAITE NELSON, J.P., FORD, TAYLOR and MCCORMACK, JJ., concur.