Many lawyers do not realize that appeals to the Appellate Division from the Family Court are governed by Article 11 of the Family Court Act with its own unique set of rules. This is because CPLR §5702 provides that appeals to the appellate division may be taken from any court of original instance, other than the supreme court or a county court, in accordance with the statute governing practice in that court.
Unlike appeals from Supreme Court, in appeals under the Family Court Act, a printed case on appeal or a printed brief is not required. Family Court Act §1116. While Family Court Act §1116 dispenses with the requirement that the record on appeal be printed, it does not excuse compliance with CPLR 5525 (a) which requires the transcription of the record. CPLR 5525 (a) applies to Family Court appeals pursuant to Article 11. Matter of Baiko v. Baiko, 141 A.D.2d 635 (2d Dept. 1988).
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