| Mure v Mure |
| 2012 NY Slip Op 00942 [92 AD3d 653] |
| February 7, 2012 |
| Appellate Division, Second Department |
| Anton Mure, Appellant-Respondent, v Lisa Mure,Respondent-Appellant. |
—[*1] J. Douglas Barics, Garden City, N.Y., for respondent-appellant.
In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief,from stated portions of a judgment of the Supreme Court, Suffolk County (M. Cohen, J.), datedJuly 15, 2010, and the defendant cross-appeals from the judgment.
Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [e]);and it is further,
Ordered that the appeal is dismissed; and it is further,
Ordered that one bill of costs is awarded to the defendant.
" 'An appellant who perfects an appeal by using the appendix method must file an appendixthat contains all the relevant portions of the record in order to enable the court to render aninformed decision on the merits of the appeal' " (Gandolfi v Gandolfi, 66 AD3d 834, 835 [2009], quoting NYCTL 1998-1 Trust v Shahipour, 29AD3d 965 [2006]; see Patel v Patel, 270 AD2d 241 [2000]). "The appendix shallcontain those portions of the record necessary to permit the court to fully consider the issueswhich will be raised by the appellant and the respondent" (22 NYCRR 670.10-b [c] [1];see CPLR 5528 [a] [5]). Here, critical exhibits are missing from the plaintiff's appendix."These omissions inhibit the court's ability to render an informed decision on the merits of theappeal" (Matter of Embro v Smith,59 AD3d 542 [2009] [citation and internal quotation marks omitted]; see Gaffney v Gaffney, 29 AD3d857 [2006]). Accordingly, the appeal must be dismissed (see Matter of Embro vSmith, 59 AD3d at 542). Rivera, J.P., Roman, Sgroi and Cohen, JJ., concur.