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Matter of Allstate Ins. Co. v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2001
288 A.D.2d 309 (N.Y. App. Div. 2001)

Opinion

Submitted October 24, 2001.

November 13, 2001.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Suffolk County (Oshrin, J.), entered December 28, 2000, which denied the petition and dismissed the proceeding.

Bruno, Gerbino Macchia, LLP, Melville, N.Y. (Steven D. Brower of counsel), for appellant.

Gallagher, Walker, Bianco Plastaras, Mineola, N.Y. (Dominic P. Bianco of counsel), for additional respondent-respondent United States Fidelity and Guaranty Insurance Company.

Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.


ORDERED that the appeal is dismissed for failure to perfect the same in accordance with the CPLR and the rules of this court (see, CPLR 5526; 22 NYCRR 670.10[a][1]), with one bill of costs payable to the respondent United States Fidelity and Guaranty Insurance Company.

It is the appellant's obligation to assemble a proper record on appeal. The record must contain all of the relevant papers that were before the Supreme Court, including the transcript, if any, of the proceedings (see, CPLR 5526). The record submitted on this appeal renders meaningful appellate review of the Supreme Court's determination virtually impossible. Therefore, dismissal of the instant appeal is the appropriate disposition (see, Singh v. Getty Petroleum Corp., 275 A.D.2d 740; Patel v. Patel, 270 A.D.2d 241).

RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.


Summaries of

Matter of Allstate Ins. Co. v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2001
288 A.D.2d 309 (N.Y. App. Div. 2001)
Case details for

Matter of Allstate Ins. Co. v. Vargas

Case Details

Full title:IN THE MATTER OF ALLSTATE INSURANCE COMPANY, appellant, v. JOSE VARGAS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 2001

Citations

288 A.D.2d 309 (N.Y. App. Div. 2001)
732 N.Y.S.2d 891

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