Mergl v. Mergl, 19 A.D.3d 1146 (N.Y. App. Div. 4th Dep't 2005). · Go Syfert
Mergl v. Mergl, 19 A.D.3d 1146 (N.Y. App. Div. 4th Dep't 2005). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 1 distinct court.
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At page 1147 Appeal from a judgment of the Supreme Court, Erie County (John E O’Donnell, J.), entered April 19, 2004 in a divorce action. The judgment, insofar as appealed…22 citing casesopening of page *1147 (no citing court says what it cites this page for)
  • Mazurkiewicz v. Mercy Hosp. of Buffalo, 2026 NY Slip Op 01878 (N.Y. App. Div. 4th Dep't 2026).
    Initially, we dismiss the appeal from that part of the order granting in part the Mercy defendants' motion inasmuch as plaintiffs failed to provide an adequate record to permit meaningful appellate review thereof ( see Walker v County of M…
  • Schoellkopf v. Borowiak, 2024 NY Slip Op 06443 (N.Y. App. Div. 4th Dep't 2024).
    We note at the outset that, in order to permit meaningful appellate review, a record on appeal "must contain all of the relevant papers that were before the [motion c]ourt" ( Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
  • Matter of Albina H. (Xenia H.), 2024 NY Slip Op 01422 (N.Y. App. Div. 4th Dep't 2024).
    It is hereby ORDERED that said appeal is unanimously dismissed without costs ( see Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
  • Citimortgage, Inc. v. Elniski, 2023 NY Slip Op 04083 (N.Y. App. Div. 4th Dep't 2023).
    Initially, we note that the appeal insofar as taken by the Elniski children and Argy as administrator of the estate must be dismissed inasmuch as they failed to provide a record adequate to permit this Court to determine whether they are p…
  • Walker v. Cnty. of Monroe, 2023 NY Slip Op 02422 (N.Y. App. Div. 4th Dep't 2023). 2 cites
    The record must contain all of the relevant papers that were before the Supreme Court' " ( Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
  • Stanley v. Kelly, 2022 NY Slip Op 04847 (N.Y. App. Div. 4th Dep't 2022).
    We note that the record is insufficient to determine whether plaintiffs raised an issue of fact in opposition to the Hotel's motion inasmuch as plaintiffs failed to include their opposition papers to that motion in the record ( see CPLR 55…
  • Mohamed v. Abuhamra, 2022 NY Slip Op 04448 (N.Y. App. Div. 4th Dep't 2022).
    Contrary to plaintiff's contention, we need not dismiss the appeal, however, inasmuch as meaningful appellate review of some of the legal issues is not "impossible" ( Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]; cf. BL Doe 2 v Flemi…
  • BL DOE 2 v. Fleming, 2021 NY Slip Op 06479 (N.Y. App. Div. 4th Dep't 2021).
    The record must contain all of the relevant papers that were before the Supreme Court' " ( Fink v Al-Sar Realty Corp. , 175 AD3d 1820 , 1820 [4th Dept 2019]; see CPLR 5017 [b]; 5526; Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
  • Knapp v. Finger Lakes NY, Inc., 184 A.D.3d 335 (N.Y. App. Div. 4th Dep't 2020).
    II Nevertheless, we are unable to address the merits of plaintiffs' contentions because the record does not include a full trial transcript, and therefore we dismiss the appeal ( see Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]; see…
  • Christa Constr., LLC v. Vanguard Light Gauge Steel Bldgs., 2020 NY Slip Op 1986 (N.Y. App. Div. 4th Dep't 2020).
    "It is incumbent upon an appellant to assemble a proper record, including the relevant documents that were before the lower court, and appeals will be dismissed when the record is incomplete" ( Matter of Pratt v Anthony , 30 AD3d 708, 708…
Show 12 more citing cases
  • Fink v. Al-Sar Realty Corp., 2019 NY Slip Op 6922 (N.Y. App. Div. 4th Dep't 2019).
    The record must contain all of the relevant papers that were before the Supreme Court" ( Singh v Getty Petroleum Corp. , 275 AD2d 740, 740 [2d Dept 2000]; see CPLR 5526; Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
  • Woodman v. Woodman, 2018 NY Slip Op 4479 (N.Y. App. Div. 4th Dep't 2018).
    The appeal must be dismissed based on defendant's failure to provide an adequate record to permit meaningful appellate review ( see Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]). " It is the obligation of the appellant to assemble a…
  • Taylor v. Birdsong, 2018 NY Slip Op 969 (N.Y. App. Div. 4th Dep't 2018).
    Ctr. , 117 AD3d 1216 , 1216-1217 [3d Dept 2014]; Kruseck v Ross , 82 AD3d 939, 940 [2d Dept 2011]; Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
  • BAC Home Loans Servicing, LP v. Bixby, 135 A.D.3d 1009 (N.Y. App. Div. 3d Dep't 2016).
    Nevertheless, because plaintiff’s motion for partial summary judgment related to claims with no connection to the issues raised on appeal, we cannot say that the absence of those papers “renders meaningful appellate review impossible” so a…
  • McIntosh v. Genesee Valley Laser Centre, 121 A.D.3d 1560 (N.Y. App. Div. 4th Dep't 2014). 2 cites
    Even assuming, arguendo, that plaintiffs assertion is accurate and properly before us, it is the obligation of the appellant to assemble a proper record on appeal (see 22 NYCRR 1000.4 [a]; Mergl v Mergl, 19 AD3d 1146, 1147 [2005]; see also…
  • Gray, Evelyn M. v. Williams, M.d., Aston B., 108 A.D.3d 1085 (N.Y. App. Div. 4th Dep't 2013).
    In any event, plaintiff failed to provide a transcript of the trial, thus rendering the record insufficient for this Court to determine that issue on the merits (see generally Mergl v Mergl, 19 AD3d 1146, 1147 [2005]).
  • Eldridge, Thomas a. v. Shaw, Vincent P., 99 A.D.3d 1224 (N.Y. App. Div. 4th Dep't 2012).
    The absence of the pleadings does not “render[ ] meaningful appellate review impossible” inasmuch as this appeal concerns the enforceability of the stipulation, not the merits of plaintiffs’ causes of action (Mergl v Mergl, 19 AD3d 1146, 1…
  • Hawkes v. Hawkes, 61 A.D.3d 1436 (N.Y. App. Div. 4th Dep't 2009).
    It is hereby ordered that said appeal is unanimously dismissed without costs (see Mergl v Mergl, 19 AD3d 1146, 1147 [2005]).
  • Pratt v. Anthony, 30 A.D.3d 708 (N.Y. App. Div. 3d Dep't 2006).
    It is incumbent upon an appellant to assemble a proper record, including the relevant documents that were before the lower court, and appeals will be dismissed when the record is incomplete (see Mergl v Mergl, 19 AD3d 1146, 1147 [2005]; Fe…
  • Momentum Auto. Mgt., LLC v. Radium2 Capital, Inc., 195 A.D.3d 1436 (N.Y. App. Div. 4th Dep't 2021).
    We conclude that the appeal must be dismissed. " 'It is incumbent upon an appellant to assemble a proper record, including the relevant documents that were before the lower court, and appeals will be dismissed when the record is incomplete…
  • Matter of Charlie C. (Thomas C.), 2019 NY Slip Op 9200 (N.Y. App. Div. 4th Dep't 2019).
    "It is incumbent upon an appellant to assemble a proper record, including the relevant documents that were before the lower court, and appeals will be dismissed when the record is incomplete" ( Matter of Pratt v Anthony , 30 AD3d 708, 708…
  • O'Neill v. O'Neill, 2019 NY Slip Op 5934 (N.Y. App. Div. 4th Dep't 2019).
    Trust Co. v Hounnou , 147 AD3d 814, 815 [2d Dept 2017]; see Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
Retrieving the full opinion text from the archive…
Joseph Mergl
v.
Marsha A. Mergl
Appellate Division of the Supreme Court of the State of New York.
Jun 10, 2005.
19 A.D.3d 1146
2005 N.Y. App. Div. LEXIS 6381
Cited by 27 opinions  |  Published

[*1147] Appeal from a judgment of the Supreme Court, Erie County (John E O’Donnell, J.), entered April 19, 2004 in a divorce action. The judgment, insofar as appealed from, awarded defendant maintenance and counsel fees.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Plaintiff appeals from a judgment of divorce that, inter alia, granted defendant durational maintenance and counsel fees. The appeal must be dismissed based on plaintiffs failure to provide an adequate record. Our rules provide that “[t]he complete record on appeal shall include, in the following order: the notice of appeal with proof of service and filing; the order or judgment from which the appeal is taken; the decision, if any, of the court granting the order or judgment; the judgment roll, if any; the pleadings of the action or proceeding; the corrected transcript of the action or proceeding or statement in lieu of transcript, if any; all necessary and relevant motion papers; and, to the extent practicable, all necessary and relevant exhibits” (22 NYCRR 1000.4 [a] [2]; see also CPLR 5526). Here, there are no pleadings, no financial affidavits, and no exhibits that establish the parties’ respective incomes, and we are thus unable to determine whether Supreme Court’s award of maintenance or counsel fees is error as alleged.

“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” (Singh v Getty Petroleum Corp., 275 AD2d 740, 740 [2000]). Where a record on appeal does not contain documents submitted to the trial court and the absence of those documents renders meaningful appellate review impossible, “dismissal of [the] appeal is an appropriate disposition” (id.; see also Patel v Patel, 270 AD2d 241 [2000], appeal dismissed 95 NY2d 899 [2000]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Hayes, JJ.