In the Matter of Robinson

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentAug 7, 2000
712 N.Y.S.2d 401 (N.Y. App. Div. 2000)
712 N.Y.S.2d 401275 A.D.2d 326

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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.

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