| Joseph Patitucci v Home Source Specialty Supercenters, Inc. d/b/a Consumers Kitchen & Bath |
| Motion No: 2006-01030 SC |
| Slip Opinion No: 2007 NYSlipOp 67540(U) |
| Decided on April 17, 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 : 9th and 10th JUDICIAL DISTRICTS
| JOSEPH PATITUCCI, Appellant, -against- HOME SOURCE SPECIALTY SUPERCENTERS, INC. d/b/a CONSUMERS KITCHEN & BATH, Respondent. |
DECISION
On the court's own motion, appeal stricken from the Appeal Calendar.
An examination of the record indicates that the minutes of October 7, 2005, which appear to have been relied upon by the court below in determining the judgment appealed from, are a necessary part of the record on appeal (UDCA 1704 [a]). Because these minutes have not been made part of the record on appeal, the appeal must be stricken from the Appeal Calendar as not properly perfected. All briefs will be returned to the respective parties and the record remitted to the court below.