Appellate Division: Second Judicial Department

M267642

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-06148 In the Matter of Larry Mayo, appellant, v Tanya S. Brown, respondent. (Docket Nos. V-402-18, V-1772-18)

DECISION & ORDER ON MOTION

Appeal by Larry Mayo from an order of the Family Court, Queens County, dated April 15, 2019. By decision and order on motion of this Court dated September 18, 2019, the appellant was directed to file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript had been received and indicating the date that it was received, or, if the transcript had not been received, an affidavit or affirmation stating that it had been ordered and paid for, the date thereof, and the date by which the transcript was expected, or move for a reconstruction hearing with respect to any proceedings for which the audiotape is inaudible within 30 days after the date of this decision and order on motion. The appellant has not filed an affidavit or affirmation, or moved for a reconstruction hearing.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated September 18, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court