Nyack Plaza Hous. Assoc. v Sharon Parker
Motion No: 2005-01616 ROC
Slip Opinion No: 2006 NYSlipOp 75669(U)
Decided on September 14, 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 : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ.

NO. 2005-1616 RO C
NYACK PLAZA HOUSING ASSOCIATES,

Respondent,

-against-


SHARON PARKER,

Appellant.

DECISION

On the court's own motion, appeal stricken from the general calendar.

An examination of the record indicates that the minutes of the testimony taken at the hearing held on April 14, 2005, which testimony was relied upon by the court below in the order and judgment appealed from, are a necessary part of the record on appeal (UJCA 1704 [a]; 22 NYCRR 732.1 [a]). Because these minutes have not been made part of the record, the appeal must be stricken from the general calendar (22 NYCRR 732.4 [a]).