In the Matter of Robinsonv.Fisher

Appellate Division of the Supreme Court of New York, Second DepartmentAug 7, 2000
712 N.Y.S.2d 401 (N.Y. App. Div. 2000)

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August 7, 2000.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Porzio, J.), dated February 1, 1999, which, after a hearing, inter alia, awarded custody to the mother.

Ordered that the appeal is dismissed, with costs.

The appellant failed to order and settle a complete transcript of the hearing. Since the parties did not stipulate to proceeding upon a transcript of only a portion of the trial, the appeal must be dismissed ( see, CPLR 5525 [b]; Matter of Schmitt v. Berwitz, 230 A.D.2d 746).

Krausman, J.P., Goldstein, Feuerstein and Smith, JJ., concur.