| Victor Y. Batshever v Avery E. Okin |
| Motion No: 2006-01877 KC |
| Slip Opinion No: 2007 NYSlipOp 85128(U) |
| Decided on November 20, 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
| VICTOR Y. BATSHEVER, Appellant, -against- AVERY E. OKIN, Respondent. |
DECISION
Motions by appellant to, in essence, (1) vacate the order of this Court dated September 12, 2007, striking appellant's appeal from the general calendar, or in the alternative, for permission to appeal to the Appellate Division and (2) reinstate appellant's appeal, are hereby consolidated on the Court's own motion, and denied.
Contrary to appellant's contention, appellant's appeal has not been dismissed by this Court. Rather, it has been stricken from the general calendar because the record is incomplete. The briefs were returned because they cannot be accepted until the minutes of the trial are properly settled.
The record indicates that respondent's motion to dismiss was granted after the testimony heard on plaintiff's prima facie case" at a trial on June 21, 2006. The transcript of this trial must be furnished to this Court (see CCA 1704 [a]). In the event that no transcript exists, appellant must, pursuant to CPLR 5525 (d), file a statement in lieu of a stenographic transcript. Upon furnishing a complete record to this Court, the matter will be restored to the general calendar.