Robinson v. Fisher

Appellate Division of the Supreme Court of New York

Robinson v. Fisher

275 A.D.2d 326, 712 N.Y.S.2d 401, 2000 N.Y. App. Div. LEXIS 8587

Appellate Division of the Supreme Court of the State of New York·Decided August 7, 2000·Published·Cited by 1 cases

Opinion

—In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Porzio, J.), dated February 1, 1999, which, after a hearing, inter alia, awarded custody to the mother.

Ordered that the appeal is dismissed, with costs.

The appellant failed to order and settle a complete transcript of the hearing. Since the parties did not stipulate to proceeding upon a transcript of only a portion of the trial, the appeal must be dismissed (see, CPLR 5525 [b]; Matter of Schmitt v Berwitz, 230 AD2d 746). Krausman, J. P., Goldstein, Feuerstein and Smith, JJ., concur.

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—In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Porzio, J.), dated February 1, 1999, which, after a hearing, inter alia, awarded custody to the mother.

Ordered that the appeal is dismissed, with costs.

The appellant failed to order and settle a complete transcript of the hearing. Since the parties did not stipulate to proceeding upon a transcript of only a portion of the trial, the appeal must be dismissed (see, CPLR 5525 [b]; Matter of Schmitt v Berwitz, 230 AD2d 746). Krausman, J. P., Goldstein, Feuerstein and Smith, JJ., concur.

Robinson v. Fisher, 275 A.D.2d 326, 712 N.Y.S.2d 401, 2000 N.Y. App. Div. LEXIS 8587 (N.Y. Ct. App. 2000).

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