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In the Matter of EILEEN D. JEROME, Respondent, v. BRUCE DAVIS, Appellant.

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

In the present case, the appellant has failed to order and settle the transcript of the support hearing. Although Family Court Act § 1116 dispenses with the requirement that the record on appeal be printed, that provision does not excuse compliance with CPLR 5525 (a), made applicable to the Family Court pursuant to Family Court Act § 1118, which necessitates the transcription of the hearing. Under the circumstances of this case, since the appellant has failed to order and settle the transcript of the hearing and since the exception set forth in CPLR 5525 (b) is not applicable, the appeal is dismissed (see, Matter of Baiko v Baiko, 141 A.D.2d 635; Fidelity Bond Mtg. Co. v Taylor, 129 A.D.2d 765; Davidson v Ha IlBo, 117 A.D.2d 776). Bracken, J.P., Harwood, Balletta and Eiber, JJ., concur.

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MATTER OF JEROME v. DAVIS
(Nov 9, 1992)