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In the Matter of LINDA D. BAIKO, Respondent, v. KENNETH J. BAIKO, Appellant.

Ordered that the appeal is dismissed, with costs.

In this case the full record of the proceedings in the Family Court has not been transcribed. 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 record. Since the appellant herein has failed to order and settle the transcript of the proceedings and since the exception set forth in CPLR 5525 (b) is not applicable, the appeal must be dismissed (see, Davidson v Ha Il-Bo, 117 A.D.2d 776; Perry v Tauro, 21 A.D.2d 804). Mollen, P.J., Mangano, Rubin and Sullivan, JJ., concur.

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MATTER OF BAIKO v. BAIKO
(Jun 13, 1988)