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IN THE MATTER OF LORI A. ZAIKOWSKI, RESPONDENT, v. FRANK A. MONZON, APPELLANT.

DECISION ORDER

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

The appellant failed to order and, if necessary, settle a transcript of the hearing. Since the parties did not stipulate to proceeding without the transcript, the appeal must be dismissed (see, Family Ct Act § 1118, CPLR 5525, 5526 22 NYCRR 670.10[a]; see, Svoboda v. Svoboda, 275 A.D.2d 742 [2d Dept., Sept. 18, 2000]; Matter of Robinson v. Fisher, 275 A.D.2d 326 [2d Dept., Aug. 7, 2000]; Matter of Jerome v. Davis, 187 A.D.2d 514; Matter of Baiko v. Baiko, 141 A.D.2d 635). We note that the appellant's motion to be provided with a free transcript of the proceedings was denied by decision and order of this court dated March 2, 2000.

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MATTER OF ZAIKOWSKI v. MONZON
(Nov 28, 2000)