Opinion
2011-10-25
PRATIK APPARELS, LTD., appellant,v.SHINTEX APPAREL GROUP, INC., et al., defendants,Classic Logistics, Inc., respondent.
David Laniado, Cedarhurst, N.Y., for appellant.Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, New York, N.Y. (David M. Murphy of counsel), for respondent.
Appeal by the plaintiff, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Saitta, J.), dated March 31, 2011, as granted that branch of the motion of the defendant Classic Logistics, Inc., which was pursuant
to CPLR 3211(a)(1) to dismiss the complaint insofar as asserted against it.
ORDERED that the appeal is dismissed, with costs.
“It is the obligation of the appellant to assemble a proper record on appeal, which must contain all of the relevant papers that were before the Supreme Court” ( Wen Zong Yu v. Hua Fan, 65 A.D.3d 1335, 1335, 885 N.Y.S.2d 605; see CPLR 5526; Matter of Remy v. Mitchell, 60 A.D.3d 860, 874 N.Y.S.2d 387; Cohen v. Wallace & Minchenberg, 39 A.D.3d 689, 833 N.Y.S.2d 623). Here, the record assembled on appeal, which did not include a copy of the complaint, is inadequate to enable this Court to render an informed decision on the merits. Accordingly, the appeal must be dismissed ( see Block 6222 Constr. Corp. v. Sobhani, 84 A.D.3d 1292, 923 N.Y.S.2d 900; Emco Tech Constr. Corp. v. Pilavas, 68 A.D.3d 918, 918–919, 892 N.Y.S.2d 426; Matter of Allstate Ins. Co. v. Vargas, 288 A.D.2d 309, 310, 732 N.Y.S.2d 891).
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.