Opinion
06-16-2017
In the Matter of the Application of JON Z. and Victor Z. for the Appointment of a Guardian of the Property and/or Person of Margaret Z., an Alleged Incapacitated Person. Jon Z., Petitioner–Appellant; Theresa M. Girouard, Esq., Appointed Guardian for Margaret Z., an Alleged Incapacitated Person, Respondent–Respondent.
Jon Z., petitioner-appellant pro se. Schmitt & Lascurettes, LLC, Utica (William P. Schmitt of Counsel), for respondent-respondent.
Jon Z., petitioner-appellant pro se.
Schmitt & Lascurettes, LLC, Utica (William P. Schmitt of Counsel), for respondent-respondent.
MEMORANDUM:
In this guardianship proceeding, petitioner appeals from an order denying his motion for, among other relief, removal of respondent as guardian of petitioner's incapacitated mother. Supreme Court concluded that the issues raised in petitioner's motion had previously been raised by petitioner and determined by the court in earlier proceedings. We are unable to determine the merits of petitioner's contentions on appeal inasmuch as the 40–page record before us does not contain sufficient information to enable us to determine whether the court properly denied petitioner's motion on that ground. Petitioner, as the appellant, "submitted this appeal on an incomplete record and must suffer the consequences" (Matter of Santoshia L., 202 A.D.2d 1027, 1028, 609 N.Y.S.2d 724 ; see Resetarits Constr. Corp. v. City of Niagara Falls, 133 A.D.3d 1229, 1229, 18 N.Y.S.3d 914 ; Matter of Rodriguez v. Ward, 43 A.D.3d 640, 641, 842 N.Y.S.2d 622 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
WHALEN, P.J., SMITH, CARNI, CURRAN, and SCUDDER, JJ., concur.