| Tamoya Philogene v Garjois Auto Repair |
| Motion No: 2016-00255 KC |
| Slip Opinion No: 2017 NY Slip Op 75012(U) |
| Decided on May 16, 2017 |
| 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
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Tamoya Philogene, Appellant, v Garjois Auto Repair, Respondent, et al., Defendant. |
On the court's own, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, entered December 14, 2015, is stricken from the appeals calendar and the general calendar.
The order appealed from determined a motion by respondent, in effect, to vacate a judgment entered following a default under a stipulation of settlement and a motion by appellant to compel compliance with the stipulation and an interim order of the Civil Court dated October 23, 2015. The papers submitted by respondent upon its motion, in effect, to vacate the judgment, the order dated October 23, 2015, and the transcripts of the oral arguments held on October 23, 2015 and December 14, 2015 have not been made part of the record on appeal and are necessary to a proper determination of the appeal. If the motion papers and the transcripts of the oral arguments are not available, the parties may seek to reconstruct them (see Davis Bros. Eng'g Corp. v Ferraro, 297 AD2d 275 [2002]; Cassella v Manikas, 8 AD2d 587 [1959]).
ENTER:
Paul Kenny
Chief Clerk