Sirota v. Shtarkman

Opinion

Sirota v Shtarkman

2026 NY Slip Op 04886

August 5, 2026

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

Rimma Sirota, respondent,

v

Aleksandr Shtarkman, et al., appellants.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on August 5, 2026

2024-04418, (Index No. 512436/17)

Angela G. Iannacci, J.P.

Janice A. Taylor

Lourdes M. Ventura

Elena Goldberg Velazquez, JJ.

Miletti Law, P.C., Astoria, NY (Vincent Miletti of counsel), for appellants.

The Law Office of Roman Popik, P.C., New York, NY, for respondent.

[*1]

DECISION & ORDER

In an action, inter alia, for the partition and sale of real property, the defendants appeal from a purported judgment of the Supreme Court, Kings County (Lisa S. Ottley, J.), dated December 19, 2023.

ORDERED that the appeal is dismissed, with costs.

"CPLR 5526 requires that a record on appeal contain the papers and exhibits upon which the order appealed from was founded. It is the obligation of the appellant to assemble a proper record on appeal" (Bruzzese v Bruzzese, 203 AD3d 1007, 1010). "Generally speaking, '[a]n appellant's record on appeal must contain all of the relevant papers before the Supreme Court'" (Babayev v Kreitzman, 168 AD3d 655, 655, quoting Gaffney v Gaffney, 29 AD3d 857, 857; see CPLR 5526).

Here, the record is inadequate for meaningful appellate review. The appellants failed to include all relevant documents that were before the Supreme Court. Since this omission renders meaningful appellate review of the purported judgment virtually impossible, the appeal must be dismissed (see Bing v Myrtle 6, LLC, 227 AD3d 769, 770; Bruzzese v Bruzzese, 203 AD3d at 1010).

IANNACCI, J.P., TAYLOR, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court