[*1]
Nunez v Longobardi
2005 NYSlipOp 51164(U)
Decided on July 21, 2005
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 21, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2004-1401 K C

Angel V. Nunez Jr., Appellant,

against

Joseph Longobardi Jr., Respondent.


Appeal by plaintiff from an order of the Civil Court, Kings County (R. Garson, J.), entered April 22, 2004, denying his motion to restore the case to the calendar.


Order unanimously affirmed without costs.

Since the parties herein did not stipulate to restore the case to the calendar, [*2]
and the record does not indicate that plaintiff made his motion upon notice to defendant, we find that the court below properly denied plaintiff's motion to restore the case to the calendar (see 22 NYCRR 208.14 [c]). In any event, plaintiff's moving papers are insufficient to warrant granting his motion.
Decision Date: July 21, 2005