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BL DOE 2 v. FLEMING

729 CA 20-01222.

199 A.D.3d 1419 (2021)

154 N.Y.S.3d 588

2021 NY Slip Op 06479

BL Doe 2, Respondent, v. Edwin Fleming, Defendant, and Rochester City School District, Appellant. (Appeal No. 1.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 19, 2021.

Attorney(s) appearing for the Case

ROCHESTER CITY SCHOOL DISTRICT, DEPARTMENT OF LAW, ROCHESTER ( ALISON K.L. MOYER OF COUNSEL), FOR DEFENDANT-APPELLANT.

BANSBACH LAW P.C., ROCHESTER ( JOHN M. BANSBACH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: The Rochester City School District (defendant) appeals from an order denying its motion to dismiss the complaint against it. "`It is the obligation of the appellant to assemble a proper record on appeal. The record must contain all of the relevant papers that were before the Supreme Court'" (Fink v Al-Sar Realty Corp., 175 A.D.3d 1820, 1820 [4th Dept 2019]; see...

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