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Gandolfi v. Gandolfi

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 2009
66 A.D.3d 834 (N.Y. App. Div. 2009)

Opinion

No. 2008-05060.

October 20, 2009.

In an action, inter alia, to equitably estop the defendant from enforcing her right to collect the sum of $35,000 as her equitable distribution from the plaintiff pursuant to the parties' stipulation of settlement in a related matrimonial action, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated April 22, 2008.

Stephen N. Preziosi, P.C., Smithtown, N.Y., for appellant.

Law Offices of Christopher J. Cassar, P.C., Huntington, N.Y. (Heidi Mia Bernstein of counsel), for respondent.

Before: Fisher, J.P., Covello, Angiolillo and Roman, JJ., concur.


Ordered that the appeal is dismissed, with costs.

"An appellant who perfects an appeal by using the appendix method must file an appendix that contains all the relevant portions of the record in order to enable the court to render an informed decision on the merits of the appeal" ( NYCTL 1998-1 Trust v Shahipour, 29 AD3d 965). Here, the appellant failed to provide this Court with an appendix containing copies of the motion papers, affidavits, and exhibits which are necessary to review the order appealed from. Accordingly, the appeal must be dismissed for failure to perfect the same in accordance with the CPLR and the rules of this Court ( see CPLR 5528 [a]; 22 NYCRR 670.10-b [c]).


Summaries of

Gandolfi v. Gandolfi

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 2009
66 A.D.3d 834 (N.Y. App. Div. 2009)
Case details for

Gandolfi v. Gandolfi

Case Details

Full title:FRANK GANDOLFI, Appellant, v. GRACE GANDOLFI, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 20, 2009

Citations

66 A.D.3d 834 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 7586
886 N.Y.S.2d 617

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