From Casetext: Smarter Legal Research

Keita v. United Parcel Serv

Appellate Division of the Supreme Court of New York, Second Department
Aug 11, 2009
65 A.D.3d 571 (N.Y. App. Div. 2009)

Opinion

No. 2008-05041.

August 11, 2009.

In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Richmond County (Maltese, J.), dated April 18, 2008, which, inter alia, granted the motion of the defendants United Parcel Service and Kutry B. Jerzy to dismiss the complaint insofar as asserted by the plaintiff Mohamed Keita against them.

Mohamed Keita, and Massa Keita, an infant by her father and natural guardian, Mohamed Keita, Staten Island, N.Y., appellants pro se. Lester Schwab Katz Dwyer, LLP, New York, N.Y. (Steven B. Prystowsky of counsel), for respondents United Parcel Service and Kutry B. Jerzy.

Jaffe Asher LLP, New York, N.Y. (Marshall T. Potashner and Barak P. Cardenas of counsel), for respondents Liberty Mutual Insurance Group and Peerless Insurance.

Before: Rivera, J.P., Florio, Belen and Austin, JJ., concur.


Ordered that the appeal is dismissed, with one bill of costs.

In two decisions and orders on motion, dated December 24, 2008, and March 12, 2009, respectively, this Court directed the plaintiffs to serve and file a supplemental record containing, inter alia, the answers to the complaint and "the notice of motion and affidavits annexed thereto, answering affidavits, if any, and reply affidavits, if any, submitted in connection with the motion that resulted in the order being appealed." The plaintiffs have failed to do so.

It is the appellants' obligation to assemble a proper record on appeal ( see Salem v Mott, 43 AD3d 397; Cohen v Wallace Minchenberg, 39 AD3d 689, 689). In this regard, "[t]he record must contain all of the relevant papers that were before the Supreme Court" ( Cohen v Wallace Minchenberg, 39 AD3d 689; see CPLR 5526; Matter of Allstate Ins. Co. v Vargas, 288 AD2d 309, 310). Where, as here, meaningful appellate review of the Supreme Court's determination is made "virtually impossible" because of the incomplete nature of the record submitted, dismissal of the appeal is the appropriate disposition ( Salem v Mott, 43 AD3d 397).


Summaries of

Keita v. United Parcel Serv

Appellate Division of the Supreme Court of New York, Second Department
Aug 11, 2009
65 A.D.3d 571 (N.Y. App. Div. 2009)
Case details for

Keita v. United Parcel Serv

Case Details

Full title:MOHAMED KEITA et al., Appellants, v. UNITED PARCEL SERVICE et al.…

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

Date published: Aug 11, 2009

Citations

65 A.D.3d 571 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 6165
884 N.Y.S.2d 139

Citing Cases

Town of Wawayanda v. O'Neil

ORDERED that the appeal is dismissed, without costs or disbursements. It is the responsibility of an…

Green Tree Credit, LLC v. Jelks

ORDERED that the appeal is dismissed, with costs. It is the appellant's obligation to assemble a proper…