| Gweneth Johnson v Asia Smith Etc. |
| Motion No: 2011-00405 KC |
| Slip Opinion No: 2015 NY Slip Op 75279(U) |
| Decided on May 20, 2015 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Gweneth Johnson, Respondent, v Asia Smith etc., Appellant. |
On the court's own motion, it is
ORDERED that this appeal from a final judgment of the Civil Court of the City of New York, Kings County (Laurie Lynne Lau, J.), entered December 8, 2010, is again stricken from the appeals calendar and the general calendar, as the record on appeal remains incomplete in that it does not contain the transcript of the proceedings on August 5, 2010, and no reconstruction or statement in lieu thereof has been made part of the record on appeal; and it is further,
ORDERED that the matter is remitted to the Civil Court, Kings County (Laurie Lynne Lau, J.), to report, following a reconstruction hearing, whether the missing portion of the trial testimony can be reconstructed, and, if so, to submit the reconstructed record (see Davis Bros. Eng'g Corp. v Ferraro, 297 AD2d 275 [2002]; Cassella v Manikas, 8 AD2d 587 [1959]). The Civil Court shall file its report and/or the record with all convenient speed. In the event the missing portions of the trial testimony cannot be reconstructed, appellant may move in this court for summary reversal.
ENTER:
Paul Kenny
Chief Clerk