Opinion
OP 03-00843.
December 31, 2003.
Original CPLR article 78 proceeding commenced in this Court on April 24, 2003, seeking a writ of mandamus.
DIANE M. WEEDEN, PETITIONER PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MARLENE O. TUCZINSKI OF COUNSEL), FOR RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said petition be and the same hereby is unanimously dismissed without costs.
Memorandum: Petitioner commenced this proceeding, pro se, seeking a writ of mandamus compelling respondent to decide her motion to settle the record on appeal with respect to four underlying actions ( see generally Miller v. Lanzisera, 273 A.D.2d 866, 867, appeal dismissed 95 N.Y.2d 887, rearg denied 96 N.Y.2d 731) . Contrary to the contention of petitioner, respondent did in fact decide her motion by denying it. While "[e]very appellant has a clear legal right to settlement of the record" ( Matter of Lavar C., 185 A.D.2d 36, 39), that principle presupposes that an appellant has submitted a proposed record in compliance with CPLR 5526 and 22 NYCRR 1000.4, and petitioner failed to do so here.