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Matter of Davis v. Pegues

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 288 (N.Y. App. Div. 1999)

Opinion

Submitted September 27, 1999

November 8, 1999

Joseph Trotti, Bayside, N.Y., for appellant.

CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, JJ.


DECISION ORDER

In a support proceeding pursuant to Family Court Act article 4, the father appeals from (1) an order of the Family Court, Queens County (Clark, H.E.), dated June 5, 1997, which, after a hearing, inter alia, directed him to pay child support in the sum of $396 biweekly, and (2) so much of an order of the same court (Berman, J.), dated July 1 7, 1997, as denied his objections to the order of the Hearing Examiner.

ORDERED that the appeals are dismissed, without costs or disbursements.

The full record of the proceedings in the Family Court has not been transcribed. The Family Court Act dispenses with the requirement that the record on appeal be printed (see, Family Ct Act § 1116). However, neither Family Court Act § 1116, nor22 NYCRR 670.9(d)(1)(ii), the rule of this court which permits appeals from the Family Court to be prosecuted on the original record, excuses noncompliance with CPLR 5525(a), which is made applicable to the Family Court pursuant to Family Court Act § 1118. CPLR 5525(b) necessitates the transcription of the record. Since the appellant failed to order and settle the transcript of the proceedings and the exception set forth in CPLR 5525(b) is not applicable, the appeals must be dismissed (see, Matter of Baiko v. Baiko, 141 A.D.2d 635 ; see also, Matter of Meier v. Meier, 204 A.D.2d 328 ).

O'BRIEN, J.P., SANTUCCI, THOMPSON, and ALTMAN, JJ., concur.


Summaries of

Matter of Davis v. Pegues

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 288 (N.Y. App. Div. 1999)
Case details for

Matter of Davis v. Pegues

Case Details

Full title:In the Matter of ARNETTA DAVIS, respondent, v. COREY PEGUES, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 8, 1999

Citations

266 A.D.2d 288 (N.Y. App. Div. 1999)
698 N.Y.S.2d 499

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