Opinion
729 CA 20-01222
11-19-2021
BL DOE 2, Plaintiff-Respondent, v. Edwin FLEMING, Defendant, and Rochester City School District, Defendant-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.
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.
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
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 A.D.3d 1820, 1820, 109 N.Y.S.3d 540 [4th Dept. 2019] ; see CPLR 5017 [b] ; 5526; Mergl v. Mergl , 19 A.D.3d 1146, 1147, 796 N.Y.S.2d 823 [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 A.D.3d at 1821, 109 N.Y.S.3d 540 ).