Kletzkin v. Kletzkin

Full title: ELLEN KLETZKIN, Appellant, v. BRUCE KLETZKIN, Respondent

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

Date published: Jan 25, 1993

189 A.D.2d 857 (N.Y. App. Div. 1993)

Opinion

January 25, 1993

Appeal from the Supreme Court, Queens County (Miller, J.H.O.).

Ordered that the appeal is dismissed without costs or disbursements.

Since the claims raised by the wife are based on her trial testimony and she has failed to order and settle the transcript of the trial, and since the exception set forth in CPLR 5525 (b) is not applicable, the appeal must be dismissed (see, Matter of Baiko v. Baiko, 141 A.D.2d 635). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.