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In the Matter of Robinson v. Fisher

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000

Robinson v. Fisher
712 N.Y.S.2d 401275 A.D.2d 326

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.

The case of Rodgers v. Rodgers is provided as part of a free educational service by J. Douglas Barics, attorney at law, for reference only. Cases such as Rodgers may be overruled by subsequent decisions, different judicial departments may have different controlling case law, and the level of the court deciding each case will determine whether it is controlling law or not. Rodgers v. Rodgers is presented here to help illustrate how the law works in general, but for specific legal matters, an attorney should be consulted.

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