Gupta v. Kumar

• Decision Date: 18 January 2017
• Citation: 146 A.D.3d 886,44 N.Y.S.3d 766 (Mem),2017 N.Y. Slip Op. 00306
• Parties: In the Matter of Anita GUPTA, appellant, v. Vipan KUMAR, respondent.
• Court: New York Supreme Court — Appellate Division

146 A.D.3d 886

44 N.Y.S.3d 766 (Mem)

2017 N.Y. Slip Op. 00306

In the Matter of Anita GUPTA, appellant,

v.Vipan KUMAR, respondent.

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

Jan. 18, 2017.

Anita Gupta, Forest Hills, N.Y., appellant pro se.

Steven Alexander Biolsi, New York, N.Y., for respondent.

Appeal by the mother from an order of the Family Court, Queens County (Ronald E. Richter, J.), dated April 7, 2015. The order, insofar as appealed from, denied the mother's objections to an order of that court (Joette M. Blaustein, S.M.) dated December 24, 2014, which, after a hearing, inter alia, denied her petition for an upward modification of the father's child support obligation.

ORDERED that appeal is dismissed, without costs or disbursements.

It is the obligation of the appellant to assemble a proper record on appeal (see Family Ct. Act § 1118 ; CPLR 5525[a] ; Matter of Leichter–Kessler v. Kessler, 117 A.D.3d 825, 826, 985 N.Y.S.2d 881 ; Matter of Remy v. Mitchell, 60 A.D.3d 860, 874 N.Y.S.2d 387 ; Matter of Zaikowski v. Monzon, 277 A.D.2d 459, 715 N.Y.S.2d 898 ). The failure to provide necessary transcripts inhibits the Court's ability to render an informed decision on the merits of the appeal (see Matter of Leichter–Kessler v. Kessler, 117 A.D.3d 825, 985 N.Y.S.2d 881 ; Matter of Remy v. Mitchell, 60 A.D.3d 860, 874 N.Y.S.2d 387 ; Matter of Rudick v. Rudick, 16 A.D.3d 514, 791 N.Y.S.2d 170 ). Here, although the mother provided the transcript of the proceedings from the first day of the multiday fact-finding hearing held in connection with her petition, she failed to provide this Court with any of the transcripts from the remaining days. Since the papers provided were patently insufficient for the purpose of reviewing the issues that the mother raises, the appeal must be dismissed (see Matter of Leichter–Kessler v. Kessler, 117 A.D.3d 825, 985 N.Y.S.2d 881 ; Matter of Remy v. Mitchell, 60 A.D.3d 860, 874 N.Y.S.2d 387 ).

RIVERA, J.P., SGROI, DUFFY and BRATHWAITE NELSON, JJ., concur.