Barretti v Solucorp Indus., Ltd.
2013 NY Slip Op 00054 [102 AD3d 642]
January 9, 2013
Appellate Division, Second Department
As corrected through Wednesday, February 27, 2013


Philip Barretti, Respondent,
v
Solucorp Industries,Ltd., et al., Appellants.

[*1]Condon & Associates, PLLC, Nanuet, N.Y. (Brian K. Condon of counsel), forappellants.

Durkin & Durkin, LLP, New York, N.Y. (Robert S. Cosgrove of counsel), forrespondent.

In an action to enforce a judgment of the Superior Court of the State of New Jersey,dated February 11, 2010, which the plaintiff later filed in Rockland County pursuant toCPLR article 54, the defendants appeal from an order of the Supreme Court, RocklandCounty (Alfieri, J.), dated September 6, 2011, which denied their motion to vacate thejudgment.

Ordered that the appeal is dismissed, with costs.

"It is the obligation of the appellant to assemble a proper record on appeal" (Gaffney v Gaffney, 29 AD3d857, 857 [2006]; see Civilv Tae Hwa Sim, 65 AD3d 1074 [2009]; Fernald v Vinci, 13 AD3d 333 [2004]). An appellant'srecord on appeal must contain all of the relevant papers that were before the SupremeCourt (see CPLR 5526;Cohen v Wallace & Minchenberg, 39 AD3d 689 [2007]; Gaffney vGaffney, 29 AD3d at 857; Fernald v Vinci, 13 AD3d at 333).

Here, the record on appeal is inadequate. The appellants have failed to include theorder to show cause by which they moved to vacate the subject foreign judgment and anyof the other related papers, including affirmations in support of and in opposition to themotion. These omissions render meaningful appellate review of the Supreme Court'sdetermination virtually impossible (see CPLR 5526; Cohen v Wallace &Minchenberg, 39 AD3d at 690; Gaffney v Gaffney, 29 AD3d at 857;Fernald v Vinci, 13 AD3d at 333). Accordingly, dismissal of the appeal from theorder is the appropriate disposition (see Cohen v Wallace & Minchenberg, 39AD3d at 690). Skelos, J.P., Hall, Roman and Cohen, JJ., concur.


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