| Paul O. Hynard v Eniquias C. Navarro |
| Motion No: 2019-01145 WC |
| Slip Opinion No: 2019 NY Slip Op 78623(U) |
| Decided on August 23, 2019 |
| 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
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Paul O. Hynard, Appellant, v Eniquias C. Navarro, Respondent. |
Motion by appellant on an appeal from a small claims judgment of the City Court of Yonkers, Westchester County, entered March 7, 2019, in effect, to compel the City Court to accept appellant's statement in lieu of stenographic transcript. A review of the motion papers reveals that the official court reporter was unable to transcribe the electronically recorded trial proceedings and that those proceedings cannot be reconstructed.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the judgment is summarily reversed, without costs and the matter is remitted to the City Court for a new trial (see Davis Bros. Eng'g Corp. v Ferraro, 297 AD2d 275 [2002]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk