| People of State of New York v Philip J. Messina |
| Motion No: 2010-00553 scr |
| Slip Opinion No: 2013 NY Slip Op 91777(U) |
| Decided on October 22, 2013 |
| 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Philip J. Messina, Appellant. |
Appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered February 24, 2010. Both parties' briefs state, and this court's independent review of the record indicates, that the transcripts of portions of the trial proceedings, including, in particular, the proceedings between November 10, 2009 and November 23, 2009, have not been made part of the record on appeal, and no motion for leave to perfect the appeal on an abridged record has been made.
Now, on the court's own motion, it is
ORDERED that the appeal is stricken from the general calendar without prejudice to appellant, if he be so advised, either moving in the District Court to reconstruct the missing portions of the record or moving in this court for leave to perfect the appeal on an abridged record (see Rules of App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.1).
ENTER:
Paul Kenny
Chief Clerk