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Butti v. Butti

Supreme Court, Appellate Division, Second Department, New York.
Feb 14, 2012
92 A.D.3d 781 (N.Y. App. Div. 2012)

Opinion

2012-02-14

In the Matter of Victoria BUTTI, respondent, v. Thomas A. BUTTI, appellant.


Thomas A. Butti, Brooklyn, N.Y., appellant pro se.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Rockland County (Edwards, J.), dated May 4, 2011, which denied his objections to an order of the same court (Miklitsch, S.M.), dated November 14, 2010, which, after a hearing, inter alia, directed him to pay a certain sum for college expenses for the subject child.

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

An appellant is obligated “to assemble a proper record on appeal, which must include any relevant transcripts of proceedings” before the hearing court or trial court ( Kruseck v. Ross, 82 A.D.3d 939, 940, 918 N.Y.S.2d 727; see CPLR 5525; Gorelik v. Gorelik, 85 A.D.3d 859, 860–861, 926 N.Y.S.2d 555; Kociubinski v. Kociubinski, 83 A.D.3d 1006, 1007, 921 N.Y.S.2d 566; Schwartz v. Schwartz, 73 A.D.3d 1156, 902 N.Y.S.2d 127). Here, the appellant's failure to provide this Court with the transcript of the Family Court hearing renders the record on appeal inadequate to enable this Court to reach an informed determination on the merits. Accordingly, the appeal must be dismissed ( see Gorelik v. Gorelik, 85 A.D.3d at 861, 926 N.Y.S.2d 555; Kociubinski v. Kociubinski, 83 A.D.3d at 1007, 921 N.Y.S.2d 566; Schwartz v. Schwartz, 73 A.D.3d at 1157, 902 N.Y.S.2d 127).

SKELOS, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.


Summaries of

Butti v. Butti

Supreme Court, Appellate Division, Second Department, New York.
Feb 14, 2012
92 A.D.3d 781 (N.Y. App. Div. 2012)
Case details for

Butti v. Butti

Case Details

Full title:In the Matter of Victoria BUTTI, respondent, v. Thomas A. BUTTI, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Feb 14, 2012

Citations

92 A.D.3d 781 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 1251
938 N.Y.S.2d 458

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