BANK NATIONAL ASSOCIATION v. 260LA LLC (2026)

DECISION & ORDER

In an action to foreclose a mortgage, nonparty 260LA, LLC, appeals from an order of the Supreme Court, Suffolk County (S. Betsy Heckman Torres, J.), dated December 10, 2024.  The order denied that nonparty's motion pursuant to CPLR 5015(a) to vacate, inter alia, an order and judgment of foreclosure and sale (one paper) of the same court entered April 5, 2024, and, upon vacatur, to dismiss the complaint or, in the alternative, for leave to file a late answer.

ORDERED that the appeal is dismissed, with costs.

“ ‘CPLR 5526 requires that a record on appeal contain the papers and exhibits upon which the order appealed from was founded.  It is the obligation of the appellant to assemble a proper record on appeal’ ” (McWhinney v. Rockland Cider Works, LLC, 233 A.D.3d 668, 669, 221 N.Y.S.3d 232, quoting Bruzzese v. Bruzzese, 203 A.D.3d 1007, 1010, 165 N.Y.S.3d 115;  see Klein v. Richs Towing, 213 A.D.3d 920, 920–921, 184 N.Y.S.3d 156).  “ ‘Generally speaking, [a]n appellant's record on appeal must contain all of the relevant papers before the Supreme Court’ ” (McWhinney v. Rockland Cider Works, LLC, 233 A.D.3d at 669, 221 N.Y.S.3d 232, quoting Babayev v. Kreitzman, 168 A.D.3d 655, 655, 90 N.Y.S.3d 288;  see CPLR 5526).

Here, the record is inadequate, as it does not include, inter alia, a copy of the order of reference, the order and judgment of foreclosure and sale, or the affidavit of service of the subject motion, upon all of which the appellant relies on this appeal.  Since these omissions “ ‘inhibit [this] [C]ourt's ability to render an informed decision on the merits of the appeal,’ ” dismissal of the appeal is appropriate (McWhinney v. Rockland Cider Works, LLC, 233 A.D.3d at 669, 221 N.Y.S.3d 232, quoting Ravasio v. La Pata, 216 A.D.3d 686, 687, 188 N.Y.S.3d 165;  see Klein v. Richs Towing, 213 A.D.3d at 921, 184 N.Y.S.3d 156).

DILLON, J.P., WOOTEN, WARHIT and GOLIA, JJ., concur.