| 105 Lefferts, LLC, Et Al. v Yesenia Samuels |
| Motion No: 2015-00506 KC |
| Slip Opinion No: 2016 NY Slip Op 74183(U) |
| Decided on May 10, 2016 |
| 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
| 105 Lefferts, LLC, et al., Respondents, v Yesenia Samuels, Appellant, et al., Undertenants. |
Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 7, 2015, to continue a stay granted by decision and order on motion of this court dated May 20, 2015, and extended by decision and order on motion of this court dated November 10, 2015. This court has been advised that the transcripts of trial are unavailable.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motion and the appeal are held in abeyance and the matter remitted to the Civil Court of the City of New York, Kings County to report whether the 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 record with all convenient speed.
ENTER:
Paul Kenny
Chief Clerk