2021 NY Slip Op 06479
N.Y. App. Div. 4th
2021

BL Doe 2 v Fleming

Appellate Division, Fourth Department

November 19, 2021

2021 NY Slip Op 06479 [199 AD3d 1419]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 29, 2021

BL Doe 2, Respondent, v Edwin Fleming, Defendant, and Rochester City School District, Appellant. (Appeal No. 1.)

Rochester City School District, Department of Law, Rochester (Alison K.L. Moyer of counsel), for defendant-appellant.

Bansbach Law P.C., Rochester (John M. Bansbach of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Deborah A. Chimes, J.), entered August 28, 2020. The order denied the motion of defendant Rochester City School District to dismiss the complaint against it.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: The Rochester City School District (defendant) appeals from an order denying its motion to dismiss the complaint against it. ” ‘It is the obligation of the appellant to assemble a proper record on appeal. The record must contain all of the relevant papers that were before the Supreme Court’ ” (Fink v Al-Sar Realty Corp., 175 AD3d 1820, 1820 [4th Dept 2019]; see CPLR 5017 [b]; 5526; Mergl v Mergl, 19 AD3d 1146, 1147 [4th Dept 2005]). Here, defendant‘s appeal must be dismissed based on defendant‘s failure to include in the record the complaint, which it seeks to dismiss in its motion (see Fink, 175 AD3d at 1821). Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.