| S.P. Lenox Realty, LLC v Desiree Klass |
| Motion No: 2017-01227 KC |
| Slip Opinion No: 2017 NY Slip Op 90776(U) |
| Decided on October 18, 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| S.P. Lenox Realty, LLC, Appellant, v Desiree Klass, Respondent. |
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 October 26, 2016, is stricken from the appeals calendar and the general calendar.
An examination of the record and the briefs on appeal indicates that, in determining the motion giving rise to the order appealed from, the Civil Court relied on information provided by respondent at oral argument and/or a hearing. In these circumstances, a transcript of the October 26, 2016 proceedings must be made part of the record on appeal.
We note that respondent, in her pro se brief on appeal, has raised an issue with respect to the timeliness of the notice of appeal. The proper avenue in which to raise this issue is by a motion to this court supported by sworn proof as to when the order appealed from was served with notice of entry.
ENTER:
Paul Kenny
Chief Clerk