Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Craig E. Johns, J.), dated July 24, 2007. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's cause of action.

Judgment, insofar as appealed from, affirmed without costs.

Plaintiff commenced this small claims action to recover the sum of $815.40 as reimbursement for a utility bill which plaintiff paid. Plaintiff asserts that after the transfer of the parties' former marital home to defendant, his former wife, in December 2004, defendant was responsible, pursuant to a binding separation agreement, for the payment of utility bills incurred thereafter. Upon our review of the record, we find that plaintiff did not present sufficient documentation to establish his entitlement to the sum of $815.40. Accordingly, the Justice Court's dismissal of plaintiff's cause of action provided the parties with substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). We note that the additional documentation provided to this court for the first time is not properly part of the record on appeal and will not be considered (see Carhuff v Barnett's Bake Shop, 54 AD2d 969 [1976]; American Indus. Contr. Co. v Travelers Indem. Co., 54 AD2d 679 [1976]).

Rudolph, P.J., McCabe and Molia, JJ., concur.
Decision Date: November 19, 2008