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EASTERN NUMISMATICS v. BINNICK

Appellate Division of the Supreme Court of New York, Second Department.
Dec 30, 2002
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DECISION ORDER

ORDERED that the notice of appeal from the order dated September 12, 2001, is treated as a premature notice of appeal from the judgment entered November 8, 2001 (see CPLR 5520[c]); and it is further,

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to submit a complete record.

The appellant contends, inter alia, that the Supreme Court erred in vacating the jury's damage award of $63,000. However, the record is missing the trial transcripts. Consequently, the appeals are dismissed due to the failure to submit a complete record (see CPLR 5525[a]; 5526).

SANTUCCI, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.