Goldman v. Malagic

Appellate Terms of the Supreme Court of New York

Goldman v. Malagic

Appellate Terms of the Supreme Court of New York·Decided January 14, 2019·No. 2019 NYSlipOp 50019(U)·Published

Opinion

J.H. Goldman, A.H. Goldman, A.P. Goldman, D.G. Kemper, as Executors for the Estate of Lillian Goldman and the LillianGoldman Family Trust, Petitioner-Landlord-Respondent,

against

Omer Malagic, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), entered on or about September 24, 2015, after a nonjury trial, which set the legal regulated rent as $1,500, plus applicable increases and adjustments, commencing November 1, 2007, in a nonpayment summary proceeding.

Per Curiam.

Appeal from order (Phyllis K. Saxe, J.), entered on or about September 24, 2015, dismissed, without costs, and without prejudice to renewal upon a proper record.

The appeal is dismissed because tenant-appellant failed to assemble a proper record on appeal, including the trial transcript and exhibits (see Sebag v Narvaez, 60 AD3d 485 [2009], lv denied 13 NY3d 711 [2009]; CPLR 5526; CCA 1704). Without the benefit of a proper record, this Court cannot "render an informed decision on the merits" (Matison v County of Nassau, 290 AD2d 494, 495 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 14, 2019

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J.H. Goldman, A.H. Goldman, A.P. Goldman, D.G. Kemper, as Executors for the Estate of Lillian Goldman and the LillianGoldman Family Trust, Petitioner-Landlord-Respondent,

against

Omer Malagic, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), entered on or about September 24, 2015, after a nonjury trial, which set the legal regulated rent as $1,500, plus applicable increases and adjustments, commencing November 1, 2007, in a nonpayment summary proceeding.

Per Curiam.

Appeal from order (Phyllis K. Saxe, J.), entered on or about September 24, 2015, dismissed, without costs, and without prejudice to renewal upon a proper record.

The appeal is dismissed because tenant-appellant failed to assemble a proper record on appeal, including the trial transcript and exhibits (see Sebag v Narvaez, 60 AD3d 485 [2009], lv denied 13 NY3d 711 [2009]; CPLR 5526; CCA 1704). Without the benefit of a proper record, this Court cannot "render an informed decision on the merits" (Matison v County of Nassau, 290 AD2d 494, 495 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 14, 2019

Goldman v. Malagic, (N.Y. Ct. App. 2019).

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