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In re Christopher RR.

Supreme Court of New York, Third Department

January 9, 2014

In the Matter of CHRISTOPHER RR., Appellant,
v.
ST. LAWRENCE COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Respondents.

Calendar Date: November 20, 2013

Pro Bono Appeals Program, Albany (Alan J. Pierce of counsel), for appellant.

Barry J. Jones, Hudson Falls, attorney for the child.

Before: Peters, P.J., Rose, McCarthy and Garry, JJ.

MEMORANDUM AND ORDER

Peters, P.J.

Appeal from an order of the Family Court of St. Lawrence County (Morris, J.), entered May 15, 2012, which, in a proceeding pursuant to Family Ct Act article 6, granted a motion by the attorney for the child to dismiss the petition.

The child who is the subject of the instant proceeding (born in 2010) was removed from the care of his mother at birth and placed in the custody of respondent St. Lawrence County Department of Social Services. After petitioner was determined to be the child's father, he commenced this proceeding by order to show cause seeking custody. At the initial appearance, the attorney for the child made an oral motion to dismiss the petition. Family Court granted the motion and dismissed the petition without prejudice, prompting this appeal by petitioner.

A proper record on appeal must include any relevant documents and transcripts of the proceedings before the lower court (see CPLR 5526; Clarke v Clarke, 90 A.D.3d 690, 691 [2011], lv denied 19 N.Y.3d 805 [2012]; Matter of Pratt v Anthony, 30 A.D.3d 708, 708 [2006]). The transcript of the appearance before Family Court at which the attorney for the child orally moved to dismiss the petition is not included in the record, and no other documentation reveals the grounds for that motion [1]. Moreover, Family Court's order dismissing the petition references "due deliberation" but articulates no basis for dismissal. Accordingly, the record is inadequate to enable this Court to render an informed decision on the merits, and the appeal must be dismissed (see Matter of Butti v Butti, 92 A.D.3d 781, 782 [2012]; Matter of Pratt v Anthony, 30 A.D.3d at 708).

Rose, McCarthy and Garry, JJ., concur.

ORDERED that the appeal is dismissed, without costs.


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