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Frank Gandolfi, Appellant,
v
Grace Gandolfi, Respondent.


Supreme Court of New York

Appellate Division Second Department


2009


Gandolfi v. Gandolfi

66 AD3d 834


Stephen N. Preziosi, P.C., Smithtown, N.Y., for appellant.

Law Offices of Christopher J. Cassar, P.C., Huntington, N.Y. (Heidi Mia Bernstein of counsel), for respondent.

In an action, inter alia, to equitably estop the defendant from enforcing her right to collect the sum of $35,000 as her equitable distribution from the plaintiff pursuant to the parties' stipulation of settlement in a related matrimonial action, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated April 22, 2008.


Ordered that the appeal is dismissed, with costs.


"An appellant who perfects an appeal by using the appendix method must file an appendix that contains all the relevant portions of the record in order to enable the court to render an informed decision on the merits of the appeal" (NYCTL 1998-1 Trust v Shahipour, 29 AD3d 965 [2006]). Here, the appellant failed to provide this Court with an appendix containing copies of the motion papers, affidavits, and exhibits which are necessary to review the order appealed from. Accordingly, the appeal must be dismissed for failure to perfect the same in accordance with the CPLR and the rules of this Court (see CPLR 5528 [a]; 22 NYCRR 670.10-b [c]). Fisher, J.P., Covello, Angiolillo and Roman, JJ., concur.




The case of Gandolfi v. Gandolfi is provided as part of a free educational service by J. Douglas Barics, attorney at law, for reference only. Cases such as Gandolfi may be overruled by subsequent decisions, different judicial departments may have different controlling case law, and the level of the court deciding each case will determine whether it is controlling law or not. Gandolfi v. Gandolfi is presented here to help illustrate how the law works in general, but for specific legal matters, an attorney should be consulted.


If you have any questions or comments, please feel free to contact Mr. Barics at lawyer@jdbar.com or (631) 864-2600. For more articles and information, please visit www.jdbar.com


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