LaSalle Bank National Association v. Henderson

Decision Date12 January 2010
Docket Number2008-06387
PartiesLaSALLE BANK NATIONAL ASSOCIATION, Respondent, v. KEISHA HENDERSON, Defendant, and LIONEL SPENCE, Appellant.
CourtNew 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 (see Wen 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; see CPLR 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 the record is inadequate to review the denial by the Supreme Court of the motion to vacate, we dismiss the appeal from that part of the order (see Wen Zong Yu v Hua Fan, 65 AD3d at 1335; Matter of Arcarian Sys. Ltd., 38 AD3d at 649).

SANTUCCI, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

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  • Cope v. Barakaat
    • United States
    • New York Supreme Court — Appellate Division
    • November 1, 2011
    ...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 that were ......
  • Udell v. Naghavi
    • United States
    • New York Supreme Court — Appellate Division
    • March 15, 2011
    ...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.2d 62......
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    • New York Supreme Court — Appellate Division
    • September 30, 2020
    ...838, 839, 17 N.Y.S.3d 881 ; 186 A.D.3d 1698 Matter of Ihim v. Ihim, 102 A.D.3d 694, 956 N.Y.S.2d 907 ; King v. Gil, 69 A.D.3d 678, 891 N.Y.S.2d 655 ). The Support Magistrate's determination that the testimony of the process server and the mother was more credible than the testimony of the f......
  • In re Lynch
    • United States
    • New York Supreme Court — Appellate Division
    • July 19, 2017
    ...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......
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