| Kruseck v Ross |
| 2011 NY Slip Op 01979 [82 AD3d 939] |
| March 15, 2011 |
| Appellate Division, Second Department |
| Tammy Kruseck et al., Appellants, v Jeffrey Ross,Respondent. |
—[*1]
In an action to recover damages for personal injuries, the plaintiffs appeal from an order ofthe Supreme Court, Orange County (Lubell, J.), dated January 14, 2010, which denied theirmotion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant and againstthem on the issue of liability.
Ordered that the appeal is dismissed, with costs.
It is the obligation of the appellant to assemble a proper record on appeal, which mustinclude any relevant transcripts of proceedings before the Supreme Court (see Rivera v City of New York, 80AD3d 595 [2011]; Vandenburg &Feliu, LLP v Interboro Packaging Corp., 70 AD3d 931, 932 [2010]; Marcantonio v Picozzi, 46 AD3d522, 523 [2007]). Here, the plaintiffs seek review of an order which denied their motionpursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant and against themon the issue of liability, yet they failed to include the trial transcript in the record on appeal. Therecord is inadequate to enable this Court to render an informed decision on the merits, andtherefore, the appeal must be dismissed (see Schwartz v Schwartz, 73 AD3d 1156, 1156-1157 [2010]; Nakyeoung Seoung v Vicuna, 38 AD3d734, 735 [2007]; Gerhardt v NewYork City Tr. Auth., 8 AD3d 427 [2004]; Matison v County of Nassau, 290AD2d 494, 495 [2002]). Covello, J.P., Lott, Roman and Miller, JJ., concur.