UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wanna KX EMERY MUKENDI WAFWANA & P.C., and MOISE KAPANDA MUKENDI, as Executor for the Estate of Emery Mukendi Wafwana, Plaintiffs, -against- 20 CIVIL 9788 (VEC) JUDGMENT DANIEL MENGARA, ELITE LAW FIRM, SCP, and EUGENIE ELANGA MONKANGO, Defendants, -and- EMERY MUKENDI WAFWANA & SCP, Defendant Intervenor. nnn KX It is hereby ORDERED, ADJUDGED AND DECREED): That for the reasons stated in the Court's Order dated June 30, 2022, the R&R is adopted in full, Defendant’s motion to dismiss is granted, and case is DISMISSED without prejudice. Because the R&R gave the parties adequate warning, see Dkt.124 at 20, failure to object to the R&R precludes appellate review of this decision, see Mario v. P & C Food Mkts., Inc.,

(2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure timely to object to a magistrate’s report and recommendation operates as a waiver of further judicial review of the magistrate’s decision.”). Because appellate review is precluded, the Court certifies pursuant to

(a)(3) that any appeal from the Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for of appeal is denied.

Dated: New York, New York July 5, 2022 RUBY J. KRAJICK Clerk of Court BY: K. MANGO Deputy Clerk