Richards v Ernst
2003 NY Slip Op 51421(U)
Decided on October 2, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Unclassified—Unclassified

Decided on October 2, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2002-1387 K C

GILBERT RICHARDS, Appellant, - -

against

PIERRE LOUIS ERNST, Respondent, GILBERT RICHARDS,


[*2]Appellant, -against- NO. 2002-1388 K C TANISHA RICHARDS, Respondent, GILBERT RICHARDS, Appellant, -against - NO. 2002-1389 K C BEVERLY RICHARDS, Respondent, [*3]GILBERT RICHARDS, SR., Appellant, -against - No. 2002-1390 K C GILBERT RICHARDS, JR., Respondent. GILBERT RICHARDS v TANISHA RICHARDS NO. 2002-1388 K C GILBERT RICHARDS v BEVERLY RICHARDS NO. 2002-1389 K C [*4]GILBERT RICHARDS v GILBERT RICHARDS, JR. NO. 2002-1390 K C

Appeals by plaintiff from (1) a judgment of the Civil Court, Kings County (G. Wright, J.), entered August 6, 2002, after trial, in favor of defendant Pierre Louis Ernst in the sum of $300; (2) a judgment of the same court, entered August 6, 2002, after trial, in favor of defendant Tanisha Richards in the sum of $300; (3) a judgment of the same court, entered August 6, 2002, after trial, in favor of defendant Gilbert Richards, Jr. in the sum of $300; and (4) a judgment of the same court, entered April 9, 2003, after trial, in favor of defendant Beverly Richards in the sum of $300.


On the Court's own motion, the appeals are consolidated for purposes of disposition.

Judgments unanimously affirmed without costs.

In these actions, plaintiff asserted numerous causes of action against his landlord, daughter, wife and son, respectively, alleging various wrongs perpetrated by them upon him. Plaintiff's contention on appeal that judgment should have been awarded in his favor in each action is based upon his belief that he was more credible than each defendant and upon evidence which is dehors the record. To the extent his arguments are based upon [*5]facts which are dehors the record, we do not consider them inasmuch as such facts are not properly before us (see Matter of Suffolk Regional Off Track Betting Corp v Local 517S, 270 AD2d 351, 352; Carhuff v Barnett's Bake Shop, 54 AD2d 969). Based upon our review of the records on appeal and "giving due consideration to the trial court's advantage of seeing and hearing the trial testimony first hand" (Marren v State of New York, 142 AD2d 717, 718-719 [citations omitted]), we hold that the court's findings are supported by credible evidence.
Decision Date: October 02, 2003