City Chiropractic, P.C., As Assignee of Miguel Canessa, Andrew Foster, & Ana Collado v State Farm Ins.
Motion No: 2017-00486 KC
Slip Opinion No: 2018 NY Slip Op 86067(U)
Decided on October 5, 2018
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2017-486 K C
City Chiropractic, P.C., as Assignee of Miguel Canessa, Andrew Foster, and Ana Collado, Appellant, v State Farm Insurance, 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 December 16, 2016, is stricken from the appeals calendar and the general calendar on the ground that the appeal has not been properly perfected in that a transcript of the oral argument held upon the motion giving rise to the order appealed from has not been made part of the record.

A review of the record on appeal indicates that the court considered certain documents at oral argument that had not previously been made part of the record. Under the circumstances, a settled transcript of oral argument, or a reconstruction thereof, must be made part of the record.

ENTER:

Paul Kenny

Chief Clerk