Clarke v Clarke
2011 NY Slip Op 09080 [90 AD3d 690]
December 13, 2011
Appellate Division, Second Department
As corrected through Wednesday, February 1, 2012


Gwendolyn Clarke, Appellant,
v
Paul K. Clarke,Respondent.

[*1]Gwendolyn Clarke, Wappingers Falls, N.Y., appellant pro se.

Paul K. Clarke, New Haven, Conn., respondent pro se.

In an action for a divorce and ancillary relief, the plaintiff appeals from a judgment of theSupreme Court, Westchester County (Tolbert, J.), entered December 9, 2008, which, after anonjury trial, inter alia, failed to direct the defendant to pay child support arrears, failed to awardher maintenance, and failed to equitably distribute the value of the defendant's medical license.

Ordered that the appeal is dismissed, without costs or disbursements.

An appellant is obligated "to assemble a proper record on appeal, which must include anyrelevant transcripts of proceedings before the Supreme Court" (Kruseck v Ross, 82 AD3d 939,940 [2011]; see CPLR 5525 [a]; 5526; Gorelik v Gorelik, 85 AD3d 859, 860-861 [2011]; Kociubinski v Kociubinski, 83 AD3d1006, 1007 [2011]; Schwartz vSchwartz, 73 AD3d 1156, 1156-1157 [2010]). The record must also "contain all of therelevant papers that were before the Supreme Court, including the transcript, if any, of theproceedings" (Matison v County of Nassau, 290 AD2d 494, 494 [2002]).

Here, the plaintiff appeals from a judgment which, inter alia, failed to direct the defendant topay child support arrears, failed to award the plaintiff maintenance, and failed to equitablydistribute the value of the defendant's medical license. However, the plaintiff's failure to providethis Court with the full transcript of the nonjury trial conducted before the Supreme Court rendersthe record on appeal inadequate to enable this Court to reach an informed determination on themerits. Thus, the appeal must be dismissed (see Gorelik v Gorelik, 85 AD3d at 861;Kociubinski v Kociubinski, 83 AD3d at 1007; Schwartz v Schwartz, 73 AD3d at1157). Mastro, A.P.J., Sgroi, Cohen and Miller, JJ., concur.


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