| Brg Garden Bay, LLC v Ronald Hurrey |
| Motion No: 2006-00310 QC |
| Slip Opinion No: 2007 NYSlipOp 65305(U) |
| Decided on March 9, 2007 |
| 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BRG GARDEN BAY, LLC, Appellant, -against- RONALD HURREY, Respondent, "JOHN DOE" and "JANE DOE", Undertenant. |
DECISION
On the court's own motion, appeal stricken from the appeal calendar and all briefs shall be returned to the parties.
An examination of the record indicates that the court, in the order appealed from, relied upon statements made at oral argument. In these circumstances, the minutes of oral argument are a necessary part of the record on appeal (CCA 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]).