Kura, LLC v Diana Praschnik-buchman
Motion No: 2007-00486 KC
Slip Opinion No: 2008 NYSlipOp 70461(U)
Decided on April 17, 2008
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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : WESTON PATTERSON, J.P., GOLIA and RIOS, JJ.

NO. 2007-486 K C
KURA, LLC,

Appellant,

-against-

DIANA PRASCHNIK-BUCHMAN,

Respondent.

DECISION

On the court's own motion, appeal stricken from the general calendar.

A review of the record indicates that, in denying landlord's attorney's fees application, the court based its determination on the proceedings at trial. In the particular circumstances presented herein, the minutes of the trial are an essential part of the record on appeal (see e.g. Patitucci v Home Source Specialty Supercenters, Inc., 2007 NY Slip Op 67540[U] [App Term, 9th & 10th Jud Dists]). Since the trial minutes have not been made part of the appellate record, the appeal is not properly perfected and must be stricken from the general calendar.