Patricia A. King v David Spira
Motion No: 2008-00932 KC
Slip Opinion No: 2009 NY Slip Op 87729(U)
Decided on November 2, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and STEINHARDT, JJ.

NO. 2008-932 K C
PATRICIA A. KING,

Appellant,

-against-

DAVID SPIRA,

Respondent.

DECISION

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

Although appellant caused a statement in lieu of transcript to be settled, such a statement is insufficient because a stenographic record was made. The stenographic record must be settled (see CPLR 5525 [a], [c]).