Blaylock v. State

In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Soto, J.), dated August 22, 2011, which, upon a decision of the same court dated June 16, 2011, made after a trial, is in favor of the defendant and against him dismissing the claim.

ORDERED that the appeal is dismissed, without costs or disbursements.

“It is the obligation of the appellant to assemble a proper record on appeal” ( Matison v. County of Nassau, 290 A.D.2d 494, 495, 736 N.Y.S.2d 115;see Milowski v. Michael, 69 A.D.3d 909, 909, 892 N.Y.S.2d 862;Nakyeoung Seoung v. Vicuna, 38 A.D.3d 734, 735, 830 N.Y.S.2d 911;Singh v. Getty Petroleum Corp., 275 A.D.2d 740, 740, 713 N.Y.S.2d 490). Here, the appellant failed to include in the record on appeal a copy of the trial transcript. Since, under the circumstances, the record is inadequate to enable this Court to render an informed decision on the merits, the appeal must be dismissed ( see Hazell v. State of New York, 81 A.D.3d 893, 917 N.Y.S.2d 880;Milowski v. Michael, 69 A.D.3d at 909, 892 N.Y.S.2d 862;Robertson v. United Equities, Inc., 61 A.D.3d 838, 839, 876 N.Y.S.2d 875;Nakyeoung Seoung v. Vicuna, 38 A.D.3d at 735, 830 N.Y.S.2d 911;Gerhardt v. New York City Tr. Auth., 8 A.D.3d 427, 427–428, 778 N.Y.S.2d 536;Matison v. County of Nassau, 290 A.D.2d at 495, 736 N.Y.S.2d 115;Lowry v. Suffolk County Water Auth., 287 A.D.2d 551, 552, 731 N.Y.S.2d 658).