| Ghatani v AGH Realty, LLC |
| 2016 NY Slip Op 00929 [136 AD3d 744] |
| February 10, 2016 |
| Appellate Division, Second Department |
[*1]
| Jahanshir Martin Ghatani, Respondent, et al.,Plaintiff, v AGH Realty, LLC, et al., Defendants, and Khosrow Hakimian,Appellant. |
Law Offices of Harry C. Demiris, Jr., P.C., Westbury, NY, for appellant.
Steven Cohn, P.C., Carle Place, NY (Mitchell R. Goldklang of counsel), forrespondent.
In an action, inter alia, to recover damages for breach of a joint venture agreement,the defendant Khosrow Hakimian appeals from an order of the Supreme Court, NassauCounty (Bucaria, J.), dated December 2, 2013.
Ordered that the appeal is dismissed, with costs.
"CPLR 5526 provides that '[t]he record on appeal from an interlocutory judgment orany order shall consist of the notice of appeal, the judgment or order appealed from, thetranscript, if any, the papers and other exhibits upon which the judgment or order wasfounded and any opinions in the case.' We have repeatedly held that '[it] is the obligationof the appellant to assemble a proper record on appeal . . . An appellant'srecord on appeal must contain all of the relevant papers before the Supreme Court. . . Appeals that are not based upon complete and proper records must bedismissed' " (Matter ofArcarian Sys. Ltd., 38 AD3d 649, 649 [2007]; see Gaffney v Gaffney, 29AD3d 857 [2006]; Fernaldv Vinci, 13 AD3d 333, 334 [2004]; Gerhardt v New York City Tr. Auth., 8 AD3d 427 [2004];Garnerville Holding Co. v IMC Mgt., 299 AD2d 450 [2002]). Since the recordcompiled by the appellant on this appeal is incomplete, the appeal must be dismissed.Dillon, J.P., Cohen, Maltese and Barros, JJ., concur.