In this action to recover damages for alleged unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (42 USC § 2000e et seq.), the Plaintiff appealed a Supreme Court's order granting the Defendant's CPLR 3211(a) motion to dismiss Plaintiff's cause of action.
Citing Ismail v Dowling, 240 AD3d 674, the Appellate Division sustained the Supreme Court's ruling, explaining that "[it] is the obligation of the appellant to assemble a proper record on appeal", noting that "An appellant's record must contain all of the relevant papers that [in this instance] were before the Supreme Court".
Noting that in the instant matter the "omission of relevant documents from the record renders meaningful review of the court's order virtually impossible", the Appellate Division, citing Sterling Trust Ltd. v Stern, 237 AD3d 1236, held that dismissal of the Plaintiff's appeal "is the appropriate disposition" of the matter, under the circumstances.
Click HERE to access the Appellate Division decision posted on the Internet.