| 37 S. Fifth Ave v Dimensional Stone & Tile |
| Motion No: 2014-01313 WC |
| Slip Opinion No: 2016 NY Slip Op 86823(U) |
| Decided on September 19, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| 37 South Fifth Ave,. Plaintiff, v Dimensional Stone & Tile, Respondent, and Penske Leasing & Rental, Appellant. |
On the court's own motion, it is
ORDERED that this appeal from a judgment of the City Court of Mount Vernon, Westchester County, entered April 24, 2014, is stricken from the appeals calendar and general calendar on the ground that the appeal has not been properly perfected.
The City Court's decision dated April 24, 2014 states that a trial was held. As no stenographic record of the proceedings was made, appellant was required to submit a CPLR 5525 (d) statement setting forth what occurred at the trial proceedings, in lieu of a transcript, and that statement had to be settled by the trial judge. The CPLR 5525 (d) statement submitted by appellant does not set forth what occurred at the trial proceedings and is not settled by the trial judge.
ENTER:
Paul Kenny
Chief Clerk