Weeden v. Ark — 2 A.D.3d 1280

Majority

p. 1280

In the Matter of Diane M. Weeden, Petitioner, v John J. Ark, as Justice of the Supreme Court, Respondent.

[768 NYS2d

p. 1281

891]

— Original CPLR article 78 proceeding commenced in this Court on April 24, 2003, seeking a writ of mandamus.

It is hereby ordered that said petition be and the same hereby is unanimously dismissed without costs.

Memorandum: Petitioner commenced this proceeding, pro se, seeking a writ of mandamus compelling respondent to decide her motion to settle the record on appeal with respect to four underlying actions (see generally Miller v Lanzisera, 273 AD2d 866 , 867 [2000], appeal dismissed 95 NY2d 887 [2000], rearg denied 96 NY2d 731 [2001]). Contrary to the contention of petitioner, respondent did in fact decide her motion by denying it. While “[e]very appellant has a clear legal right to settlement of the record” (Matter of Lavar C., 185 AD2d 36 , 39 [1992]), that principle presupposes that an appellant has submitted a proposed record in compliance with CPLR 5526 and 22 NYCRR 1000.4, and petitioner failed to do so here. Present—Pigott, Jr., P.J., Pine, Scudder, Gorski and Lawton, JJ.

Cases cited

In re Lavar C. 185 AD2d 36 N.Y. App. Div. 1992-12-30 at 39 p. 1281