| Eliar Rahman & Rexona Khanum v Ralf Carnegary |
| Motion No: 2011-00027 qc |
| Slip Opinion No: 2011 NY Slip Op 70831(U) |
| Decided on April 12, 2011 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Eliar Rahman and Rexona Khanum, Appellants, v Ralf Carnegary, Respondent. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered January 7, 2011. The judgment dismissed the complaint with the notation "Dismissed Calendar Marking."
ORDERED, on the court's own motion, that the judgment is summarily reversed, without costs, and the matter is remitted to the Civil Court for all further proceedings.
As there is neither a record of the proceedings resulting in the entry of the judgment dismissing the complaint nor a decision setting forth the grounds for the dismissal, appellate review of the judgment, which merely bears the notation "Dismissed Calendar Marking," cannot be had, and the judgment must be summarily reversed and the matter remitted for all further proceedings.
PESCE, P.J., RIOS and STEINHARDT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk