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In the Matter of LORI A. ZAIKOWSKI, Respondent,
FRANK A. MONZON, Appellant.

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

Decided November 27, 2000.

Zaikowski v Monzon
277 A.D.2d 459, 715 N.Y.S.2d 898

Thompson, J.P., Sullivan, Krausman and Florio, JJ., concur.

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 AD2d 742; Matter of Robinson v Fisher, 275 AD2d 326; Matter of Jerome v Davis, 187 AD2d 514; Matter of Baiko v Baiko, 141 AD2d 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.

The case of Zaikowski v. Monzon is provided as part of a free educational service by J. Douglas Barics, attorney at law, for reference only. Cases such as Zaikowski v. Monzon may be overruled by subsequent decisions, different judicial departments may have different controlling case law, and the level of the court deciding each case will determine whether it is controlling law or not. Zaikowski v. Monzon is presented here to help illustrate how the law works in general, but for specific legal matters, an attorney should be consulted.

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