GOLDMAN v. MALAGIC (2019)

Supreme Court, Appellate Term, New York.

J.H. GOLDMAN, A.H. Goldman, A.P. Goldman, D.G. Kemper, as Executors for the Estate of Lillian Goldman and the Lillian Goldman Family Trust, Petitioner-Landlord-Respondent, v. Omer MALAGIC, Respondent-Tenant-Appellant.

570595 /13

Decided: January 14, 2019

PRESENT: Gonzalez, J.P., Cooper, Edmead, JJ.

Appeal from order (Phyllis K. Saxe, J.), entered on or about September 24, 2015, dismissed, without costs, and without prejudice to renewal upon a proper record.

The appeal is dismissed because tenant-appellant failed to assemble a proper record on appeal, including the trial transcript and exhibits (see Sebag v. Narvaez, 60 AD3d 485 [2009], lv denied 13 NY3d 711 [2009]; CPLR 5526; CCA 1704). Without the benefit of a proper record, this Court cannot “render an informed decision on the merits” (Matison v. County of Nassau, 290 AD2d 494, 495 [2002] ).

Per Curiam.

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