Matter of Masri v Masri
Motion No: 2024-01821
Slip Opinion No: 2024 NY Slip Op 79186(U)
Decided on November 27, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300997

ID/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2024-01821

In the Matter of Esther R. Masri, respondent,

v Josef H. Masri, appellant.

(Docket No. F-1726-2017/23D)

DECISION & ORDER ON MOTION

Appeal by Josef H. Masri from an order of the Family Court, Orange County, dated January 29, 2024. By decision and order on motion of this Court dated September 4, 2024, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the decision and order, or the appeal would be dismissed without further notice:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the decision and order on motion dated September 4, 2024.

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 4, 2024.

CHAMBERS, J.P., WOOTEN, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court