Opinion
2013-09750, Index No. 3399/07.
10-14-2015
WATERSIDE ESTATES AT CRESTHAVEN HOMEOWNERS ASSOCIATION, INC., respondent, v. John J. CIAFONE, appellant, et al., defendant.
John J. Ciafone, Astoria, N.Y., appellant pro se. Somer, Heller & Corwin, LLP, Commack, N.Y. (Stanley J. Somer of counsel), for respondent.
John J. Ciafone, Astoria, N.Y., appellant pro se.
Somer, Heller & Corwin, LLP, Commack, N.Y. (Stanley J. Somer of counsel), for respondent.
Opinion In an action, inter alia, for ejectment from real property, the defendant John J. Ciafone appeals from a judgment of the Supreme Court, Queens County (Schulman, J.), dated July 12, 2013, which, upon an order of the same court entered January 6, 2012, confirming in part and rejecting in part the report of a referee dated September 8, 2010, inter alia, is in favor of the plaintiff and against the defendants in the principal sum of $5,000.
ORDERED that the appeal is dismissed, with costs.
The issues raised on this appeal are identical to those raised in a prior appeal, which was dismissed for failure to assemble a proper record (see Waterside Estates at Cresthaven Homeowners Assn., Inc. v. Ciafone, 108 A.D.3d 620, 968 N.Y.S.2d 388 ). Apart from the fact that the issues raised on this appeal could have been reviewed on the prior appeal (see CPLR 5501[a] [1] ), the record on this appeal is still defective insofar as most of the hearing exhibits, the pleadings, as well as full sets of relevant motion papers regarding the confirmation of the referee's report, have not been included.
Since the issues raised on this appeal are identical to those raised in a prior appeal, and the record is still defective, we dismiss the appeal (see CPLR 5501[a][1] ; 5526; Town of Wawayanda v. O'Neil, 118 A.D.3d 868, 987 N.Y.S.2d 241 ; Matter of Jeanette T. [Vivian T.-Linda B.], 110 A.D.3d 728, 971 N.Y.S.2d 878 ; Aurora Indus., Inc. v. Halwani, 102 A.D.3d 900, 901, 958 N.Y.S.2d 479 ; Emco Tech Constr. Corp. v. Pilavas, 68 A.D.3d 918, 918–919, 892 N.Y.S.2d 426 ).
DILLON, J.P., CHAMBERS, HALL and HINDS–RADIX, JJ., concur.