Rush v. Insogna

Appeal from an order of the Supreme Court (Best, J.), entered August 28, 1990 in Schenectady County, which, inter alia, denied defendant’s motion to settle the record on appeal.

Supreme Court properly denied defendant’s motion to settle the record on appeal based on an incomplete trial transcript. In the absence of a stipulation by the parties to the contrary, the court was required under CPLR 5525 to settle only a complete trial transcript (CPLR 5525 [b], [c]; see, Perry v Tauro, 21 AD2d 804; see also, McLaughlin v United Airlines, 76 AD2d 982). Here, plaintiffs did not consent to only a…