| Neunteufel v Nelnet Loan Servs., Inc. |
| 2013 NY Slip Op 01384 [104 AD3d 657] |
| March 6, 2013 |
| Appellate Division, Second Department |
| Heinz Neunteufel, Appellant, v Nelnet LoanServices, Inc., Respondent. |
—[*1] McCabe & Mack, LLP, Poughkeepsie, N.Y. (Sean M. Kemp of counsel), forrespondent.
In an action, inter alia, to recover damages for violations of the Fair Credit ReportingAct (15 USC § 1681 et seq.), the plaintiff appeals from an order of theSupreme Court, Dutchess County (Brands, J.), dated November 16, 2011, which deniedhis motion for leave to renew and reargue his opposition to the defendant's prior motionfor summary judgment dismissing the complaint, which had been granted in an order ofthe same court dated September 16, 2011.
Ordered that the appeal is dismissed, with costs.
The appeal from so much of the order dated November 26, 2011, as denied thatbranch of the appellant's motion which was for leave to reargue must be dismissed, as noappeal lies from an order denying leave to reargue. The appeal must otherwise bedismissed because the appellant failed to satisfy his obligation to assemble a properrecord on appeal (see Matter ofLynch, 98 AD3d 510 [2012]; Smith v Imagery Media, LLC, 95 AD3d 1204, 1205[2012]; Gurwitz v French,90 AD3d 840 [2011]; Hazell v State of New York, 81 AD3d 893, 893 [2011];Matison v County of Nassau, 290 AD2d 494, 495 [2002]). The appellant failedto include copies of the relevant motion papers in the record on appeal. Since, under thecircumstances, the record is inadequate to enable this Court to render an informeddecision on the merits, the appeal must be dismissed (see Matter of Lynch, 98 AD3d 510 [2012]; Smith vImagery Media, LLC, 95 AD3d at 1205; Gurwitz v French, 90 AD3d 840 [2011]; Hazell v Stateof New York, 81 AD3d at 893). Dillon, J.P., Angiolillo, Leventhal and Sgroi, JJ.,concur.