Matter of Butti v Butti

2012 NY Slip Op 01251 [92 AD3d 781]

February 14, 2012

Appellate Division, Second Department

As corrected through Wednesday, March 28, 2012

In the Matter of Victoria Butti, Respondent, v Thomas A.Butti, Appellant.

—[*1]Thomas A. Butti, Brooklyn, N.Y., appellant pro se.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Rockland County (Edwards, J.), dated May 4, 2011, which deniedhis objections to an order of the same court (Miklitsch, S.M.), dated November 14, 2010, which,after a hearing, inter alia, directed him to pay a certain sum for college expenses for the subjectchild.

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

An appellant is obligated "to assemble a proper record on appeal, which must include anyrelevant transcripts of proceedings" before the hearing court or trial court (Kruseck v Ross, 82 AD3d 939,940 [2011]; see CPLR 5525; Gorelik v Gorelik, 85 AD3d 859, 860-861 [2011]; Kociubinski v Kociubinski, 83 AD3d1006, 1007 [2011]; Schwartz vSchwartz, 73 AD3d 1156 [2010]). Here, the appellant's failure to provide this Courtwith the transcript of the Family Court hearing renders the record on appeal inadequate to enablethis Court to reach an informed determination on the merits. Accordingly, the appeal must bedismissed (see Gorelik v Gorelik, 85 AD3d at 861; Kociubinski v Kociubinski,83 AD3d at 1007; Schwartz v Schwartz, 73 AD3d at 1157). Skelos, J.P., Leventhal, Lottand Miller, JJ., concur.