Opinion
02-10-2016
Jahanshir Martin GHATANI, etc., respondent, et al., plaintiff, v. AGH REALTY, LLC, et al., defendants, Khosrow Hakimian, appellant.
Law Offices of Harry C. Demiris, Jr., P.C., Westbury, N.Y., for appellant. Steven Cohn, P.C., Carle Place, N.Y. (Mitchell R. Goldklang of counsel), for respondent.
Law Offices of Harry C. Demiris, Jr., P.C., Westbury, N.Y., for appellant.
Steven Cohn, P.C., Carle Place, N.Y. (Mitchell R. Goldklang of counsel), for respondent.
In an action, inter alia, to recover damages for breach of a joint venture agreement, the defendant Khosrow Hakimian appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated December 2, 2013.
ORDERED that the appeal is dismissed, with costs.
" CPLR 5526 provides that ‘[t]he record on appeal from an interlocutory judgment or any order shall consist of the notice of appeal, the judgment or order appealed from, the transcript, if any, the papers and other exhibits upon which the judgment or order was founded and any opinions in the case.’ We have repeatedly held that [it] is the obligation of the appellant to assemble a proper record on appeal ... An appellant's record on appeal must contain all of the relevant papers before the Supreme Court ... Appeals that are not based upon complete and proper records must be dismissed" (Matter of Arcarian Sys. Ltd., 38 A.D.3d 649, 649, 832 N.Y.S.2d 88 ; see Gaffney v. Gaffney, 29 A.D.3d 857, 815 N.Y.S.2d 259 ; Fernald v. Vinci, 13 A.D.3d 333, 334, 786 N.Y.S.2d 211 ; Gerhardt v. New York City Tr. Auth., 8 A.D.3d 427, 778 N.Y.S.2d 536 ; Garnerville Holding Co. v. IMC Mgt., 299 A.D.2d 450, 749 N.Y.S.2d 892 ). Since the record compiled by the appellant on this appeal is incomplete, the appeal must be dismissed.
DILLON, J.P., COHEN, MALTESE and BARROS, JJ., concur.