BL DOE 2 v. Fleming

Nov 19, 2021
729 CA 20-01222
Versions:199 A.D.3d 1419
154 N.Y.S.3d 588
2021 NY Slip Op 06479

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).

Entered: November 19, 2021

Ann Dillon Flynn

Clerk of the Court