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Matter of Baiko v. Baiko

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1988
141 A.D.2d 635 (N.Y. App. Div. 1988)

Opinion

June 13, 1988

Appeal from the Family Court, Nassau County (Casher, H.E.).


Ordered that the appeal is dismissed, with costs.

In this case the full record of the proceedings in the Family Court has not been transcribed. 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 record. Since the appellant herein has failed to order and settle the transcript of the proceedings and since the exception set forth in CPLR 5525 (b) is not applicable, the appeal must be dismissed (see, Davidson v Ha Il-Bo, 117 A.D.2d 776; Perry v Tauro, 21 A.D.2d 804). Mollen, P.J., Mangano, Rubin and Sullivan, JJ., concur.


Summaries of

Matter of Baiko v. Baiko

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1988
141 A.D.2d 635 (N.Y. App. Div. 1988)
Case details for

Matter of Baiko v. Baiko

Case Details

Full title:In the Matter of LINDA D. BAIKO, Respondent, v. KENNETH J. BAIKO, Appellant

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

Date published: Jun 13, 1988

Citations

141 A.D.2d 635 (N.Y. App. Div. 1988)

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