Embro v. Smith
872 N.Y.S.2d 291
N.Y. App. Div.
2009
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In the Matter of Erwin Embro, Appellant, v Maria T. Smith, Respondent.

Appellate Division of the Supreme Court of New York, Second Department

872 N.Y.S.2d 291

In a support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Budd, J.), dated December 28, 2007, which denied his objections to an order of the same court (Raimondi, S.M.), dated October 10, 2007, denying his petition for a downward modification of child support.

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

It is the appellant‘s obligation to assemble a proper record on appeal (see

;
). Here, the appellant seeks review of a Family Court order denying his objections to an order issued by a Support Magistrate, which denied his petition for a downward modification of his child support obligation. However, the record filed by the appellant does not contain, among other things, the order issued by the Support Magistrate denying his petition, his objections thereto, his original petition for a downward modification in child support, or documentary evidence to which the order on appeal refers. These omissions “inhibit the court‘s ability to render an informed decision on the merits of the appeal” (
). Accordingly, the appeal must be dismissed (see
;
;
). Rivera, J.P., Angiolillo, Carni and McCarthy, JJ., concur.