Opinion
2001-06368
Submitted September 18, 2002.
October 7, 2002.
In an action to recover damages for personal injuries, the defendant Yvener Destra appeals from a judgment of the Supreme Court, Kings County (Schneier, J.), entered June 28, 2001, which, upon a jury verdict, is in favor of the plaintiff and against her in the principal sum of $225,000.
Norman Volk Associates, P.C., New York, N.Y. (Michael I. Josephs and Holly E. Peck of counsel), for appellant.
Stephen M. Cohen, Lake Success, N.Y. (Alexander J. Wulwick of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
It is the obligation of the appellant to assemble a proper record on appeal (see Matison v County of Nassau, 290 A.D.2d 494; Matter of Allstate Ins. Co. v. Vargas, 288 A.D.2d 309; Singh v. Getty Petroleum Corp., 275 A.D.2d 740). The record on appeal must contain all of the relevant papers that were before the Supreme Court, including the transcript, if any, of the proceedings (see Matison v. County of Nassau, supra; Matter of Allstate Ins. Co. v. Vargas, supra; Desmarat v. Basile, 288 A.D.2d 336; Lowry v. Suffolk County Water Auth., 287 A.D.2d 551). The appellant seeks review of the jury's award of damages, and therefore, the record should have included the full trial transcript of the trial on damages (see Brown v. Middleton, 244 A.D.2d 306, 308-309). Since the appellant failed to submit a record that would enable this court to render an informed decision on the merits, her appeal must be dismissed (see Matison v. County of Nassau, supra; Matter of Allstate Ins. Co. v. Vargas, supra; Desmarat v. Basile, supra; Brown v. Middleton, supra).
ALTMAN, J.P., S. MILLER, McGINITY, SCHMIDT and RIVERA, JJ., concur.