Opinion
Submitted October 31, 2001.
November 19, 2001.
In an action to recover damages for personal injuries, the defendant Marie C. Basile appeals from an order of the Supreme Court, Kings County (Jones, J.), dated December 6, 2000, which denied her motion to dismiss the complaint as abandoned.
Diamond, Paino, Cardo, King, Peters Fodera, New York, N Y (Deborah F. Peters of counsel), for appellant.
Miller Goldman, P.C., New York, N.Y. (Julie L. Miller, Linda A. Goldman, and Anthony DiStefano of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
ORDERED that the appeal is dismissed, with costs.
It is the obligation of the appellant to assemble a proper record on appeal (Singh v. Getty Petroleum Corp., 275 A.D.2d 740). An appellant's record on appeal must include any relevant transcripts of proceedings before the Supreme Court (Lowry v. Suffolk Co., Water Auth., 287 A.D.2d 551 [2d Dept., Sept. 26, 2001]; Riverso v. Allstate Ins. Co., 282 A.D.2d 663). The order appealed from recites that it was rendered after oral argument. The appellant, however, failed to include a transcript of those proceedings in her record on appeal. In this case, the Supreme Court's determination was greatly influenced by the disclosures and arguments made at those proceedings. The penurious motion papers that comprise the record on appeal are insufficient to enable this court to render an informed decision on the merits. Accordingly, the appeal must be dismissed (see, Lowry v. Suffolk Co., Water Auth., supra; Riverso v. Allstate Ins. Co. supra; Reiss v. Reiss, 280 A.D.2d 315; Singh v. Getty Petroleum Corp., supra; Svoboda v. Svoboda, 275 A.D.2d 742; Matter of Gaffney v. Goldrick, 250 A.D.2d 849; Cross Westchester Dev. Corp., v. Sleepy Hollow Motor Ct., 222 A.D.2d 644).
O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.