APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

DECISION

On the court's own motion, matter stricken from the appeals calendar and placed on the general calendar.

The record on appeal does not contain the trial exhibits admitted into evidence in the court below, and the parties have thus far been unable to furnish said exhibits to this court. Appellant is directed to make a good faith effort to procure the original trial exhibits for inclusion in the record. If appellant is unable to obtain said exhibits, duplicate copies thereof will be accepted by this court upon stipulation of the parties as to the authenticity of the copies, within 60 days of this order. Should the foregoing be unsuccessful, appellant may, within 30 days thereafter, move in the court below for a hearing at which the exhibits would be reconstructed. In the event that appellant is neither able to obtain said exhibits nor to obtain reconstruction of the same, appellant may make a motion, returnable before this court, seeking summary reversal and a remand of the matter to the court below for a new trial, upon a showing of a good faith effort.

The time to perfect the appeal is therefore enlarged to 120 days from the date of the order hereon.