LaSalle Bank National Association v. Henderson
Decision Date | 12 January 2010 |
Docket Number | 2008-06387 |
Citation | 891 N.Y.S.2d 655,2010 NY Slip Op 223,69 A.D.3d 679 |
Parties | LaSALLE BANK NATIONAL ASSOCIATION, Respondent, v. KEISHA HENDERSON, Defendant, and LIONEL SPENCE, Appellant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the appeal from so much of the order as denied the appellant's motion to vacate the judgment of foreclosure and sale dated July 30, 2007, is dismissed; and it is further Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that one bill of costs is awarded to the respondent.
The appellant's contentions with regard to the denial of his motion to stay the sale of the subject premises are without merit.
It is the obligation of the appellant to assemble a proper record on appeal (seeWen Zong Yu v Hua Fan,65 AD3d 1335[2009];Matter of Arcarian Sys. Ltd.,38 AD3d 649[2007]).In this regard, the "record ... must contain all of the relevant papers that were before the Supreme Court"(Wen Zong Yu v Hua Fan,65 AD3d at 1335;seeCPLR 5526;22 NYCRR 670.10-b [b]).Here, in addition to moving to stay the pending foreclosure sale, the appellant separately moved to vacate the judgment of foreclosure and sale dated July 30, 2007.However, the appellant did not include any papers relative to his motion to vacate.Inasmuch as...
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Cope v. Barakaat
...of the appellant to assemble a proper record on appeal ( see Udell v. Naghavi, 82 A.D.3d 960, 919 N.Y.S.2d 79; LaSalle Bank N.A. v. Henderson, 69 A.D.3d 679, 891 N.Y.S.2d 655; Wen Zong Yu v. Hua Fan, 65 A.D.3d 1335, 885 N.Y.S.2d 605). That record “must contain all of the relevant papers tha......
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Udell v. Naghavi
...2010, also must be dismissed. It is the obligation of the appellant to assemble a proper record on appeal ( see LaSalle Bank N.A. v. Henderson, 69 A.D.3d 679, 891 N.Y.S.2d 655; Wen Zong Yu v. Hua Fan, 65 A.D.3d 1335, 885 N.Y.S.2d 605; Cohen v. Wallace & Minchenberg, 39 A.D.3d 689, 833 N.Y.S......
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... ... BALKIN, J.P., LEONARD B. AUSTIN, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.129 N.Y.S.3d 803 DECISION & ... v. Jason B., 184 A.D.3d at 640, 123 N.Y.S.3d 527 ; Bank of Am., N.A. v. Budhan, 171 A.D.3d 622, 622, 99 N.Y.S.3d ... ...
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In re Lynch
...to assemble a proper record on appeal" (Wen Zong Yu v. Hua Fan, 65 A.D.3d 1335, 1335, 885 N.Y.S.2d 605 ; see LaSalle Bank N.A. v. Henderson, 69 A.D.3d 679, 680, 891 N.Y.S.2d 655 ; Matter of Remy v. Mitchell, 60 A.D.3d 860, 874 N.Y.S.2d 387 ). An appellant's record must contain all of the re......