Green Tree Credit, LLC v. Jelks

• Decision Date: 17 September 2014
• Citation: 2014 N.Y. Slip Op. 06174,991 N.Y.S.2d 902,120 A.D.3d 1300
• Parties: GREEN TREE CREDIT, LLC, etc., respondent, v. Godfrey JELKS, etc., appellant, et al., defendants.
• Court: New York Supreme Court — Appellate Division

120 A.D.3d 1300

991 N.Y.S.2d 902

2014 N.Y. Slip Op. 06174

GREEN TREE CREDIT, LLC, etc., respondent,

v.Godfrey JELKS, etc., appellant, et al., defendants.

Supreme Court, Appellate Division, Second Department, New York.

Sept. 17, 2014.

Godfrey Jelks, Brooklyn, N.Y., appellant pro se.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany, N.Y. (James A. Resila of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Godfrey Jelks appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated October 24, 2012, which, inter alia, upon denying the plaintiffs' motion for an order directing the foreclosure sale of the subject premises, provided him only until January 7, 2013, to obtain a reverse mortgage with which he could satisfy the mortgage being foreclosed upon.

ORDERED that the appeal is dismissed, with costs.

It is the appellant's obligation to assemble a proper record on appeal ( see Keita v. United Parcel Serv., 65 A.D.3d 571, 884 N.Y.S.2d 139; Salem v. Mott, 43 A.D.3d 397, 839 N.Y.S.2d 919). Here, the record is inadequate because it does not include all of the relevant papers and documents that were before the Supreme Court. Since the record is inadequate to enable this Court to render an informed decision on the merits, the appeal must be dismissed ( see CitiMortgage, Inc. v. Thorpe, 87 A.D.3d 1048, 929 N.Y.S.2d 752; Keita v. United Parcel Serv., 65 A.D.3d at 572, 884 N.Y.S.2d 139).

DILLON, J.P., CHAMBERS, HALL and MALTESE, JJ., concur.