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Leacock v. Muhammad

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 17, 2018
165 A.D.3d 942 (N.Y. App. Div. 2018)

Opinion

2017–04984 Docket No. F–19146–10/14E

10-17-2018

In the Matter of Reburtha LEACOCK, respondent, v. Isa MUHAMMAD, appellant.

Heslop & Kalba, LLP, Brooklyn, N.Y. (Garfield A. Heslop of counsel; Constanza Prieto on the brief), for appellant.


Heslop & Kalba, LLP, Brooklyn, N.Y. (Garfield A. Heslop of counsel; Constanza Prieto on the brief), for appellant.

MARK C. DILLON, J.P., SHERI S. ROMAN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Kings County (Alan Beckoff, J.), dated April 5, 2017. The order denied, as untimely, the father's objections to an amended order of the same court (John M. Fasone, S.M.) dated September 13, 2016, which, after a hearing, granted the mother's petition for an upward modification of the father's child support obligation.

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

An appellant is obligated to assemble a proper record on appeal, which must include any relevant transcripts of proceedings before the hearing court or trial court (see CPLR 5525 ; Matter of Butti v. Butti, 92 A.D.3d 781, 781, 938 N.Y.S.2d 458 ; Matter of Howard v. Springer, 41 A.D.3d 848, 848, 837 N.Y.S.2d 574 ). Here, the appellant's failure to provide this Court with the transcripts of the Family Court hearing renders the record on appeal inadequate to enable this Court to reach an informed determination on the merits. Accordingly, the appeal must be dismissed (see Matter of Butti v. Butti, 92 A.D.3d at 781, 938 N.Y.S.2d 458 ; Matter of Howard v. Springer, 41 A.D.3d at 848, 837 N.Y.S.2d 574 ).

DILLON, J.P., ROMAN, MILLER and DUFFY, JJ., concur.


Summaries of

Leacock v. Muhammad

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 17, 2018
165 A.D.3d 942 (N.Y. App. Div. 2018)
Case details for

Leacock v. Muhammad

Case Details

Full title:In the Matter of Reburtha Leacock, respondent, v. Isa Muhammad, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Oct 17, 2018

Citations

165 A.D.3d 942 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 6910
83 N.Y.S.3d 907

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