| Waterside Estates at Cresthaven Homeowners Assn., Inc. vCiafone |
| 2013 NY Slip Op 05202 [108 AD3d 620] |
| July 10, 2013 |
| Appellate Division, Second Department |
| Waterside Estates at Cresthaven Homeowners Association,Inc., Respondent, v John J. Ciafone et al.,Appellants. |
—[*1] Somer & Heller, LLP, Commack, N.Y. (Stanley J. Somer of counsel), forrespondent.
In an action, inter alia, for ejectment from real property, the defendants appeal, aslimited by their brief, from so much of an order of the Supreme Court, Queens County(Schulman, J.), entered January 6, 2012, as granted that branch of the plaintiff's motionwhich was to confirm those portions of the report of a referee dated September 8, 2010,recommending that the defendants be ejected from the plaintiff's property and pay anattorney's fee in the sum of $5,000, and denied that branch of the defendants' crossmotion which was to reject those portions of the referee's report.
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]; seeFernald v Vinci, 13 AD3d 333, 334 [2004]). An appellant's record on appealmust contain all of the relevant papers that were before the Supreme Court (seeCPLR 5526; Matison v County of Nassau, 290 AD2d 494, 495 [2002])."Appeals that are not based upon complete and proper records must be dismissed"(Garnerville Holding Co. v IMC Mgt., 299 AD2d 450, 450 [2002]).
Here, the defendants failed to include in the record on appeal, inter alia, the transcriptfrom the hearing held before the referee and the exhibits entered into evidence at thehearing, which are necessary for this Court to render an informed decision on the merits(see Aurora Indus., Inc. vHalwani, 102 AD3d 900, 901 [2013]). Accordingly, the appeal must bedismissed. Skelos, J.P., Angiolillo, Leventhal and Chambers, JJ., concur.