Opinion
08-23-2017
BANK OF AMERICA, N.A., respondent, v. Warren MEADE, appellant, et al., defendants.
Warren Meade, Saint Albans, NY, appellant pro se. Shapiro, DiCaro & Barak, LLC, Rochester, NY (Ellis M. Oster and Jason P. Dionisio of counsel), for respondent.
Warren Meade, Saint Albans, NY, appellant pro se.
Shapiro, DiCaro & Barak, LLC, Rochester, NY (Ellis M. Oster and Jason P. Dionisio of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Warren Meade appeals from an order of the Supreme Court, Queens County (Dufficy, J.), dated October 7, 2014, which denied his motion to strike or mark off the court's calendar the plaintiff's motion, inter alia, for summary judgment on the complaint.
ORDERED that the appeal is dismissed, with costs.
The appellant has abandoned his appeal from the order appealed from by not making any arguments relating to that order in his brief (see Castle Restoration & Constr., Inc. v. Castle Restoration, LLC, 149 A.D.3d 692, 693, 51 N.Y.S.3d 562 ; Matter of
Miedema v. Miedema, 144 A.D.3d 803, 803–804, 40 N.Y.S.3d 559 ). Moreover, the appellant has not assembled a proper record on appeal, as the record does not contain the motion papers and exhibits that were before the Supreme Court (see CPLR 5526 ; Deutsche Bank Natl. Trust Co. v. Hounnou, 147 A.D.3d 814, 814–815, 47 N.Y.S.3d 105 ; Ghatani v. AGH Realty, LLC, 136 A.D.3d 744, 24 N.Y.S.3d 535 ). Accordingly, the appeal must be dismissed. The appellant's remaining contentions are not properly before us on this appeal.
MASTRO, J.P., HALL, COHEN and IANNACCI, JJ., concur.