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Matter of Jerome v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 514 (N.Y. App. Div. 1992)

Opinion

November 9, 1992

Appeal from the Family Court, Queens County (Friedman, J.).


Ordered that the appeal is dismissed, without costs or disbursements.

In the present case, the appellant has failed to order and settle the transcript of the support hearing. Although Family Court Act § 1116 dispenses with the requirement that the record on appeal be printed, that provision does not excuse compliance with CPLR 5525 (a), made applicable to the Family Court pursuant to Family Court Act § 1118, which necessitates the transcription of the hearing. Under the circumstances of this case, since the appellant has failed to order and settle the transcript of the hearing and since the exception set forth in CPLR 5525 (b) is not applicable, the appeal is dismissed (see, Matter of Baiko v Baiko, 141 A.D.2d 635; Fidelity Bond Mtg. Co. v Taylor, 129 A.D.2d 765; Davidson v Ha IlBo, 117 A.D.2d 776). Bracken, J.P., Harwood, Balletta and Eiber, JJ., concur.


Summaries of

Matter of Jerome v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 514 (N.Y. App. Div. 1992)
Case details for

Matter of Jerome v. Davis

Case Details

Full title:In the Matter of EILEEN D. JEROME, Respondent, v. BRUCE DAVIS, Appellant

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

Date published: Nov 9, 1992

Citations

187 A.D.2d 514 (N.Y. App. Div. 1992)

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