| CitiMortgage, Inc. v Thorpe |
| 2011 NY Slip Op 06546 [87 AD3d 1048] |
| September 20, 2011 |
| Appellate Division, Second Department |
| CitiMortgage, Inc., Respondent, v Gloria Thorpe,Appellant, et al., Defendants. |
—[*1] DeRose & Surico, Bayside, N.Y. (Bruce H. Ashbahian of counsel), for respondent.
In an action to foreclose a mortgage, the defendant appeals from an order of the SupremeCourt, Queens County (Agate, J.), dated June 11, 2010, which denied her motion to vacate ajudgment of foreclosure and sale entered upon her default in appearing or answering.
Ordered that the appeal is dismissed, with costs.
"It is the obligation of the appellant to assemble a proper record on appeal, which mustcontain all of the relevant papers that were before the Supreme Court" (Wen Zong Yu v Hua Fan, 65 AD3d1335 [2009]; see CPLR 5526; Block 6222 Constr. Corp. v Sobhani, 84 AD3d 1292 [2011]; Keita v United Parcel Serv., 65 AD3d571 [2009]; Cohen v Wallace &Minchenberg, 39 AD3d 689 [2007]). Here, the record is inadequate because it does notinclude all of the relevant papers and documents that were before the Supreme Court, e.g., theprocess server's affidavit of service and the default order dated February 4, 2010, both of whichwere submitted by the plaintiff in opposition to the defendant's motion (see Wen Zong Yu v Hua Fan, 65 AD3d1335 [2009]; Cohen v Wallace &Minchenberg, 39 AD3d 689 [2007]; Matter of Allstate Ins. Co. v Vargas, 288AD2d 309, 310 [2001]). Since the record is inadequate to enable this Court to render an informeddecision on the merits, the appeal must be dismissed (see LaSalle Bank N.A. v Henderson, 69 AD3d 679, 680 [2010]; Wen Zong Yu v Hua Fan, 65 AD3d1335 [2009]; Keita v United ParcelServ., 65 AD3d 571 [2009]). Skelos, J.P., Angiolillo, Lott and Roman, JJ., concur.