In Tortorello v. Carlin (260 AD2d 201) the trial court denied the defendants' unopposed summary judgment motion to dismiss the complaint. The Appellate Division reversed, stating that "no authority has been brought to this Court's attention, and the Court has found none, to support the practice of deciding an application for accelerated judgment pursuant to CPLR 3212 on the merits in the absence of opposing papers." (260 AD2d, at 204.) The Appellate Division "emphasized that application of the rules of summary judgment disposition presumes a litigated motion," and opined that "[f]rom the perspective of an appellate court, the incomplete record resulting from the ex parte submission on the motion precludes a meaningful review of Supreme Court's disposition ." (Id., at 205.)