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Remy v. Mitchell

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 17, 2009

IN THE MATTER OF LESLY REMY, APPELLANT,
v.
FRANCINE MITCHELL, RESPONDENT.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Queens County (Fondacaro, S.M.), dated October 3, 2007, which, after a hearing, inter alia, fixed child support arrears against him in the sum of $5,691.13.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P.J., DAVID S. RITTER, FRED T. SANTUCCI & CHERYL E. CHAMBERS, JJ.

(Docket No. F-00825-92)

DECISION & ORDER

ORDERED that the appeal is dismissed, without costs or disbursements.

It is the obligation of the appellant to assemble a proper record on appeal (see Family Ct Act § 1118; CPLR 5525[a]; Matter of Zaikowski v Monzon, 277 AD2d 459). The failure to provide necessary transcripts inhibits the Court's ability to render an informed decision on the merits of the appeal (see Matter of Rudick v Rudick, 16 AD3d 514). In this proceeding, the father failed to provide a transcript of the hearing. This appeal must be dismissed as the papers provided were patently insufficient for the purpose of reviewing the issues he raised (see Matter of Rudick v Rudick, 16 AD3d 514; Sultan v Sultan, 295 AD2d 498, 499; Svoboda v Svoboda, 275 AD2d 742).

PRUDENTI, P.J., RITTER, SANTUCCI and CHAMBERS, JJ., concur.

20090317

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