| Cacv of Colo., LLC v Kaydian Ferguson |
| Motion No: 2012-02544 KC |
| Slip Opinion No: 2014 NY Slip Op 68635(U) |
| Decided on March 21, 2014 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| CACV of Colorado, LLC, Respondent, v Kaydian Ferguson, Appellant. |
On the court's own motion, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, entered August 7, 2012, is stricken from the general calendar, the appeals calendar, and the April 2, 2014 ready day calendar, and the record shall be remitted to the Civil Court.
An examination of the record indicates that the Civil Court, in the order appealed from, relied upon statements made at oral argument. In these circumstances, the minutes of oral argument are a necessary part of the record on appeal. Because these minutes have not been made part of the record, the appeal must be stricken from the general calendar, the appeals calendar, and the ready day calendar.
ENTER:
Paul Kenny
Chief Clerk