By order dated October 11, 2018, Supreme Court granted plaintiff husband's motion to compel defendant to sign a deed of rectification. Upon defendant's appeal of that order, this Court reversed and remanded the matter for a fact-finding hearing to resolve "disputed factual issues concerning the parties' intent and whether they entered into a subsequent agreement concerning the property" (Lewis v Thomas, 192 A.D.3d 508, 510 [1st Dept 2021]).

By order dated October 11, 2018, Supreme Court granted plaintiff husband’s motion to compel defendant to sign a deed of rectification. Upon defendant’s appeal of that order, this Court reversed and remanded the matter for a fact-finding hearing to resolve "disputed factual issues concerning the parties’ intent and whether they entered into a subsequent agreement concerning the property" (Lewis v. Thomas, 192 A.D.3d 508, 510, 140 N.Y.S.3d 410 [1st Dept. 2021]). Defendant’s failure to include the trial transcript in the record on appeal, a necessary element of an appellate record (see CPLR 5526), requires dismissal of the appeal from the September 15, 2023 order.

Thus, this is not a valid ground on which to deny the Board's motion. In opposing the motion, the Rosenbergs rely on Lewis v Thomas, 192 A.D.3d 508, 509-510 (1st Dept 2021). However, in that case, which is clearly inapposite, the Appellate Division held that a hearing was needed to determine the intent of the parties in connection with a deed, since it contained contradictory provisions and ambiguous language.