| Freddie Jenkins v Fieldbridge Assoc., LLC |
| Motion No: 2006-00645 KC |
| Slip Opinion No: 2007 NYSlipOp 80900(U) |
| Decided on September 25, 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
| FREDDIE JENKINS, Respondent, -against- FIELDBRIDGE ASSOCIATES, LLC, Appellant. |
DECISION
On the court's own motion, appeal stricken from the general calendar.
The stay contained in the order of this court dated June 28, 2006 is continued on condition that appellant perfects the appeal, including settling any and all stenographic transcripts leading up to and concerning the judgment appealed from, by December 7, 2007. In the event that condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice.
The record transmitted to this court is incomplete and does not contain the minutes or stenographic transcript of a hearing conducted on March 31, 2005 and May 11, 2005 regarding the issue of attorney's fees. Minutes of the testimony at that hearing are a necessary part of the record (CCA 1704 [a]; 22 NYCRR 731.1 [a]). Accordingly, the appeal must be stricken from the general calendar (22 NYCRR 731.4 [a]). We note, in addition, that the record also does not contain the exhibits apparently submitted at that hearing.