REISS v. REISS

Plaintiff's appendix does not contain all of the relevant and necessary portions of the record, thus rendering a determination of the appeal on the merits impracticable. Accordingly, the appeal is dismissed (see, CPLR 5528 [a][5]; Matter of Essenberg v. MacKay, 272 A.D.2d 543;Patel v. Patel, 270 A.D.2d 241, appeal dismissed 94 N.Y.2d 938). In any event, based on the materials submitted, there is no basis upon which to disturb the order.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.