Freddie Jenkins v Fieldbridge Assoc., LLC
Motion No: 2004-00415 kc
Slip Opinion No: 2006 NYSlipOp 61499(U)
Decided on January 11, 2006
Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.


NO. 2004-415 K C
FREDDIE JENKINS,

Respondent,

-against-

FIELDBRIDGE ASSOCIATES, LLC,

Appellant.

DECISION

On the court's own motion, the consolidated appeal from the orders of the Civil Court, Kings County (Loren Baily-Schiffman, J.) entered January 20, 2004 and December 29, 2004, after a hearing, is stricken from the general calendar. Stay continued on condition defendant-appellant properly perfect the appeal by April 7, 2006.

The record reveals that a judgment was entered on June 24, 2005 pursuant to the orders appealed from, which orders awarded plaintiff summary judgment on his cause of action for rent overcharge and, after a hearing, treble damages. While the appeal from the orders may be deemed to be from the judgment, the appeal is not properly perfected without the transcript of the hearing, which has not been made part of the record.