Opinion
2021-03714
06-11-2021
MOMENTUM AUTOMOTIVE MANAGEMENT, LLC, MOMENTUM AUTO GROUP, INC., RAHIM HASSANALLY, PETITIONERS-APPELLANTS, ET AL., PETITIONERS, v. RADIUM2 CAPITAL, INC., RESPONDENT-RESPONDENT.
LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (THOMAS J. GAFFNEY OF COUNSEL), FOR PETITIONERS-APPELLANTS. STEIN ADLER DABAH & ZELKOWITZ LLP, NEW YORK CITY (CHRISTOPHER R. MURRAY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (THOMAS J. GAFFNEY OF COUNSEL), FOR PETITIONERS-APPELLANTS.
STEIN ADLER DABAH & ZELKOWITZ LLP, NEW YORK CITY (CHRISTOPHER R. MURRAY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered November 25, 2019. The order dismissed the petition.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioners-appellants (petitioners) appeal from an order that, inter alia, dismissed their petition without prejudice based on the doctrine of forum non conveniens. On appeal, petitioners contend that Supreme Court erred in sua sponte dismissing the petition based on forum non conveniens. We conclude that the appeal must be dismissed." 'It is incumbent upon an appellant to assemble a proper record, including the relevant documents that were before the lower court, and appeals will be dismissed when the record is incomplete'" (Christa Constr., LLC v Vanguard Light Gauge Steel Bldgs. [appeal No. 3], 181 A.D.3d 1310, 1310 [4th Dept 2020]; see Mergl v Mergl, 19 A.D.3d 1146, 1147 [4th Dept 2005]). Inasmuch as petitioners failed to meet their responsibility as the appellants to assemble an adequate record on appeal, we cannot review the propriety of the court's order dismissing the petition (see generally Matter of Unczur v Welch, 159 A.D.3d 1405, 1405 [4th Dept 2018], lv denied 31 N.Y.3d 909 [2018]; Matter of Christopher D.S. [Richard E.S.], 136 A.D.3d 1285, 1286-1287 [4th Dept 2016]).