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Matter of Schmitt v. Berwitz

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1996
230 A.D.2d 746 (N.Y. App. Div. 1996)

Opinion

August 5, 1996


In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Queens County (Fitzmaurice, J.), dated May 5, 1995, which denied his objections to an order of the same court (Gartner, H.E.), dated March 7, 1995, which, after a hearing, granted the mother's application for an award of counsel fees.

Ordered that the appeal is dismissed, with costs.

The appellant failed to order and settle a complete transcript of the hearing on counsel fees. Since the parties did not stipulate to proceeding upon a transcript of only a portion of the hearing, the appeal must be dismissed (see, CPLR 5525 [b]; Matter of Meier v Meier, 204 A.D.2d 328; Matter of Baiko v Baiko, 141 A.D.2d 635). Miller, J.P., O'Brien, Goldstein and McGinity, JJ., concur.


Summaries of

Matter of Schmitt v. Berwitz

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1996
230 A.D.2d 746 (N.Y. App. Div. 1996)
Case details for

Matter of Schmitt v. Berwitz

Case Details

Full title:In the Matter of GABRIELE SCHMITT, Respondent, v. LAWRENCEN. BERWITZ…

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

Date published: Aug 5, 1996

Citations

230 A.D.2d 746 (N.Y. App. Div. 1996)
646 N.Y.S.2d 61

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