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Diamond v. Lichaw

Supreme Court, Appellate Division, Second Department, New York.
Feb 24, 2016
136 A.D.3d 1031 (N.Y. App. Div. 2016)

Opinion

02-24-2016

In the Matter of Alisa R. DIAMOND, respondent, v. Stephen E. LICHAW, appellant.

Stephen E. Lichaw, Englewood, N.J., appellant pro se.


Stephen E. Lichaw, Englewood, N.J., appellant pro se.

Appeal from an order of the Family Court, Nassau County (Merik R. Aaron, J.), dated February 25, 2015. The order denied the father's objections to an order of that court (Lisa M. Williams, S.M.) dated August 26, 2014, which, after a hearing, granted the mother's petition for an upward modification of his child support obligation.

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

On this appeal, the father seeks review of a Family Court order denying his objections to an order issued by a Support Magistrate, which, after a hearing, granted the mother's petition for an upward modification of his child support obligation. The issues raised by the father concern, among other things, factual questions such as the Support Magistrate's calculation of the father's 2013 adjusted gross income, which formed the basis for granting the mother's petition for an upward modification of his child support obligation. Thus, the father was required to provide this Court with a transcript of the hearing on the petition before the Support Magistrate (see CPLR 5525[b] ; Family Ct. Act §§ 1116, 1118 ; Matter of Davis v. Pegues, 266 A.D.2d 288, 698 N.Y.S.2d 499 ), and his failure to do so inhibits this Court's "ability to render an informed decision on the merits of the appeal" (Matter of Katz v. Dotan, 90 A.D.3d 661, 661, 933 N.Y.S.2d 870 ; see Waterside Estates at Cresthaven Homeowners Assn., Inc. v. Ciafone, 108 A.D.3d 620, 620–621, 968 N.Y.S.2d 388 ; Garnerville Holding Co. v. IMC Mgt., 299 A.D.2d 450, 450, 749 N.Y.S.2d 892 ). We therefore must dismiss the appeal (see Matter of Katz v. Dotan, 90 A.D.3d at 662, 933 N.Y.S.2d 870 ; Matter of Embro v. Smith, 59 A.D.3d 542, 872 N.Y.S.2d 291 ; Matter of Davis v. Pegues, 266 A.D.2d 288, 698 N.Y.S.2d 499 ).

ENG, P.J., RIVERA, HALL and HINDS–RADIX, JJ., concur.


Summaries of

Diamond v. Lichaw

Supreme Court, Appellate Division, Second Department, New York.
Feb 24, 2016
136 A.D.3d 1031 (N.Y. App. Div. 2016)
Case details for

Diamond v. Lichaw

Case Details

Full title:In the Matter of Alisa R. DIAMOND, respondent, v. Stephen E. LICHAW…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Feb 24, 2016

Citations

136 A.D.3d 1031 (N.Y. App. Div. 2016)
25 N.Y.S.3d 611