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GARNERVILLE HOLDING COMPANY, INC. v. IMC MANAGEMENT, INC.

299 A.D.2d 450 (2002)

749 N.Y.S.2d 892

GARNERVILLE HOLDING COMPANY, INC., Respondent, v. IMC MANAGEMENT, INC., et al., Defendants, and LAWRENCE PESKA, Appellant.

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

Decided November 18, 2002.

Ordered that the appeal is dismissed, with costs.

The judgment appealed from was rendered after a nonjury trial. The appellant, however, has failed to provide this Court with a copy of the transcript of the trial (see 22 NYCRR 670.9 [b] [1]).

"It is the obligation of the appellant to assemble a proper record on appeal" (Sultan v Sultan, 295 A.D.2d 498 [internal quotation marks omitted]; Matison v County...

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