| Richard Jones v Gerald G. Wright |
| Motion No: 2008-00434 NC |
| Slip Opinion No: 2009 NY Slip Op 82222(U) |
| Decided on August 28, 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 : 9th and 10th JUDICIAL DISTRICTS
| RICHARD JONES, Appellant, -against- GERALD G. WRIGHT, Respondent. |
DECISION
On the court's own motion, the motion by respondent returnable June 22, 2009 and the motion by appellant returnable July 22, 2009 are consolidated for disposition.
Motion by respondent to dismiss the appeal is granted only to the extent of striking the appeal from the general calendar.
Motion by appellant to dismiss respondent's motion is denied.
Ordered that in the event the appeal is not perfected on or before October 2, 2009, the court, on its own motion, may dismiss the appeal or respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.
Pursuant to UDCA 1704 (a), the transcript of the minutes must be settled by the judge before whom the case was tried unless the parties stipulate that the transcript and all other elements of the return are correct. As there is no such stipulation in the record and the minutes were not settled by the trial judge, the appeal has not been properly perfected and must be stricken from the general calendar.