| Kew Gardens Realty Co. v Todd C. Bank |
| Motion No: 2008-01728 QC |
| Slip Opinion No: 2009 NY Slip Op 71685(U) |
| Decided on May 4, 2009 |
| 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, 11th and 13th JUDICIAL DISTRICTS
| KEW GARDENS REALTY CO., Respondent, -against- TODD C. BANK, Appellant. |
DECISION
On the court's own motion, the appeal is stricken from the general calendar. The stay contained in the order of this court dated October 23, 2008 is continued on condition that appellant perfects the appeal, including settling any and all minutes pursuant to CCA 1704, by July 2, 2009, and continues to comply with the other conditions of said order.
The order being appealed from was based in part on the outcome of the trial. Inasmuch as the minutes of the trial have not been made part of the record, the appeal has not been properly perfected.
This court notes that tenant has not appealed from the final judgment entered in this proceeding. Accordingly, upon resubmission, tenant's brief should be limited to those issues raised by the Civil Court's August 18, 2008 order.