Opinion
No. 2010-04623.
May 31, 2011.
In an action to recover damages for fraud and unjust enrichment, the defendant appeals from a judgment of the Supreme Court, Richmond County (Pizzuto, J.H.O.), entered April 13, 2010, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of $450,000.
Robert J. Adinolfi, Staten Island, N.Y., for appellant.
John Z. Marangos, Staten Island, N.Y., for respondent.
Before: Angiolillo, J.P., Florio, Belen and Roman, JJ.
Ordered that the appeal is dismissed, with costs.
"It is the obligation of the appellant to assemble a proper record on appeal, which must contain all of the relevant papers that were before the Supreme Court" ( Wen Zong Yu v Hua Fan, 65 AD3d 1335; see CPLR 5526; Cohen v Wallace Minchenberg, 39 AD3d 689; Matter of Remy v Mitchell, 60 AD3d 860). Since, under the circumstances, the record here is inadequate to enable this Court to render an informed decision on the merits, the appeal must be dismissed ( see Emco Tech Constr. Corp. v Pilavas, 68 AD3d 918, 918-919; Matter of Allstate Ins. Co. v Vargas, 288 AD2d 309, 310).