Opinion
No. 2023-03041 Index No. 32665/22
12-04-2024
Susan McWhinney, et al., respondents, v. Rockland Cider Works, LLC, et al., appellants, et al., defendants.
Bleakley Platt & Schmidt, LLP, White Plains, NY (David H. Chen of counsel), for appellants. Feerick Nugent MacCartney PLLC, South Nyack, NY (Alak Shah of counsel), for respondents.
Bleakley Platt & Schmidt, LLP, White Plains, NY (David H. Chen of counsel), for appellants.
Feerick Nugent MacCartney PLLC, South Nyack, NY (Alak Shah of counsel), for respondents.
VALERIE BRATHWAITE NELSON, J.P. LINDA CHRISTOPHER DEBORAH A. DOWLING LAURENCE L. LOVE, JJ.
DECISION & ORDER
In an action, inter alia, pursuant to Town Law § 268 for injunctive relief, the defendants Rockland Cider Works, LLC, and Van Houten Farm Market Benefit Trust appeal from an order of the Supreme Court, Rockland County (Christie L. D'Alessio, J.), dated March 6, 2023. The order, after a hearing, fixed an undertaking pursuant to CPLR 6312 in the amount of only $100.
ORDERED that the appeal is dismissed, with costs.
"CPLR 5526 requires that a record on appeal contain the papers and exhibits upon which the order appealed from was founded. It is the obligation of the appellant to assemble a proper record on appeal" (Bruzzese v Bruzzese, 203 A.D.3d 1007, 1010; see Klein v Richs Towing, 213 A.D.3d 920, 920-921). "Generally speaking, [a]n appellant's record on appeal must contain all of the relevant papers before the Supreme Court" (Babayev v Kreitzman, 168 A.D.3d 655, 655 [internal quotation marks omitted]; see CPLR 5526; Matter of Lynch, 152 A.D.3d 690, 690).
Here, the record is inadequate, as it does not include, inter alia, affirmations submitted by the plaintiffs in lieu of offering live testimony at a hearing. Since these omissions "inhibit [this] [C]ourt's ability to render an informed decision on the merits of the appeal," dismissal of the appeal is appropriate (Ravasio v La Pata, 216 A.D.3d 686, 687 [internal quotation marks omitted]; see Klein v Richs Towing, 213 A.D.3d at 921; Matter of Camarda v Charlot, 208 A.D.3d 1323, 1324).
BRATHWAITE NELSON, J.P., CHRISTOPHER, DOWLING and LOVE, JJ., concur.