Appeal - Records and Briefs on Appeal - Failure to Include Transcript of Hearing on Petition for Apportionment of Attorneys' Fees before Supreme Court or Statement in Lieu of Stenographic Transcript - Omission Inhibited Appellate Division's Ability to Render Informed Decision on Merits - Dismissal of Appeal Appropriate

In a proceeding pursuant to Judiciary Law §§ 474 and 475 to apportion attorneys' fees, Gorayeb & Associates, P.C., appeals from an order of the Supreme Court, Kings County (Rupert V. Barry, J.), dated September 29, 2023. The order, after a hearing, awarded the petitioner 90% of the net legal fees recoverable in a related action.

Ordered that the appeal is dismissed, with costs to the petitioner.

Nery Amaya retained Gorayeb & Associates, P.C. (hereinafter Gorayeb), to represent him in commencing an action to recover damages for personal injuries. Amaya thereafter discharged Gorayeb and retained the petitioner to represent him. After the petitioner secured a favorable settlement offer on behalf of Amaya, the petitioner commenced this proceeding to apportion the attorneys' fees. In an order dated September 29, 2023, the Supreme Court, after a hearing, awarded 90% of the net legal fees to the petitioner and 10% to Gorayeb. Gorayeb appeals.

"It is the obligation of the appellant to assemble a proper record on appeal" (Kruseck v Ross, 82 AD3d 939, 940 [2011]; see CPLR 5526; Hayashi v Cadet, 192 AD3d 780, 781 [2021]). "The record on appeal from a final judgment shall consist of the notice of appeal, the judgment-roll, the corrected transcript of the proceedings or a statement pursuant to subdivision (d) of rule 5525 if a trial or hearing was held" (CPLR 5526; see Bing v Myrtle 6, LLC, 227 AD3d 769, 770 [2024]). Here, Gorayeb failed to include the transcript of the hearing on the petition before the Supreme Court or a statement pursuant to CPLR 5525 (d) in lieu of a stenographic transcript (see Babayev v Kreitzman, 168 AD3d 655, 656 [2019]). Accordingly, since this omission inhibits this Court's ability to render an informed decision on the merits, dismissal of the appeal is appropriate (see Wells Fargo Bank, N.A. v Russo, 234 AD3d 1014, 1016 [2025]; McWhinney v Rockland Cider Works, LLC, 233 AD3d 668, 669 [2024]; Matter of Progressive Specialty Ins. Co. v Seng Jin Jang, 211 AD3d 736, 737 [2022]). Brathwaite Nelson, J.P., Wooten, Warhit and Ventura, JJ., concur.