| Matter of Embro v Smith |
| 2009 NY Slip Op 01116 [59 AD3d 542] |
| February 10, 2009 |
| Appellate Division, Second Department |
| In the Matter of Erwin Embro, Appellant, v Maria T.Smith, Respondent. |
—[*1]
In a support proceeding pursuant to Family Court Act article 4, the father appeals from anorder of the Family Court, Suffolk County (Budd, J.), dated December 28, 2007, which deniedhis objections to an order of the same court (Raimondi, S.M.), dated October 10, 2007, denyinghis petition for a downward modification of child support.
Ordered that the appeal is dismissed, without costs or disbursements.
It is the appellant's obligation to assemble a proper record on appeal (see Galarraga v City of New York, 54AD3d 308, 311 [2008]; Sultan v Sultan, 295 AD2d 498 [2002]). Here, the appellantseeks review of a Family Court order denying his objections to an order issued by a SupportMagistrate, which denied his petition for a downward modification of his child supportobligation. However, the record filed by the appellant does not contain, among other things, theorder issued by the Support Magistrate denying his petition, his objections thereto, his originalpetition for a downward modification in child support, or documentary evidence to which theorder on appeal refers. These omissions "inhibit the court's ability to render an informed decisionon the merits of the appeal" (Garnerville Holding Co. v IMC Mgt., 299 AD2d 450, 450[2002]). Accordingly, the appeal must be dismissed (see Fernald v Vinci, 13 AD3d 333 [2004]; Garnerville HoldingCo. v IMC Mgt., 299 AD2d 450 [2002]; Matison v County of Nassau, 290 AD2d494 [2002]). Rivera, J.P., Angiolillo, Carni and McCarthy, JJ., concur.