SIROTA v. SHTARKMAN (2026)

DECISION & ORDER

In an action, inter alia, for the partition and sale of real property, the defendants appeal from a purported judgment of the Supreme Court, Kings County (Lisa S. Ottley, J.), dated December 19, 2023.

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” (Bruzzese v. Bruzzese, 203 A.D.3d 1007, 1010, 165 N.Y.S.3d 115).  “Generally speaking, ‘[a]n appellant's record on appeal must contain all of the relevant papers before the Supreme Court’ ” (Babayev v. Kreitzman, 168 A.D.3d 655, 655, 90 N.Y.S.3d 288, quoting Gaffney v. Gaffney, 29 A.D.3d 857, 857, 815 N.Y.S.2d 259;  see CPLR 5526).

Here, the record is inadequate for meaningful appellate review.  The appellants failed to include all relevant documents that were before the Supreme Court.  Since this omission renders meaningful appellate review of the purported judgment virtually impossible, the appeal must be dismissed (see Bing v. Myrtle 6, LLC, 227 A.D.3d 769, 770, 210 N.Y.S.3d 770;  Bruzzese v. Bruzzese, 203 A.D.3d at 1010, 165 N.Y.S.3d 115).

IANNACCI, J.P., TAYLOR, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.