| John P. Buvis v Peter R. Buvis |
| Motion No: 2010-01611 QC 04-04-2011 |
| Slip Opinion No: 2011 NY Slip Op 71172(U) |
| Decided on April 19, 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
MICHELLE WESTON, J.P.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION ON MOTION
| John P. Buvis, Respondent, v Peter R. Buvis, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered July 1, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED, on the court's own motion, that the appeal is stricken from the general calendar on the ground that the testimony of plaintiff's witnesses is missing from the transcript and must be reconstructed in the Civil Court (see CPLR 5525 [d]).
ENTER:
Michelle Weston
Justice Presiding