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

WAVNY TOUSSAINT, P.J.

CHEREÉ A. BUGGS

MARINA CORA MUNDY, JJ.

DECISION & ORDER ON MOTION

Appeals from a decision of the Civil Court of the City of New York, Kings County, dated January 6, 2020 (appeal No. 2020-544 K C), deemed from a final judgment of that court entered January 6, 2020, and from an order of the same court dated June 30, 2020 (appeal No. 2020-692 K C). In a decision and order of this court dated May 6, 2022, the appeals were held in abeyance and the matters remitted to the Civil Court for a reconstruction hearing with respect to the portion of the trial that was conducted on September 9, 2019, which portion could not be transcribed because the recording was inaudible. The court further ordered that if the minutes could be reconstructed the Civil Court "shall issue a report to this court with all convenient speed." A Decision and Order of the Civil Court dated August 24, 2022 was forwarded to this court. The Decision and Order indicated that after a conference, both parties consented to using the court's contemporaneous notes of the trial for that day. Said notes were annexed to and incorporated into the court's order. Therefore,

On the court's own motion, it is

ORDERED that the appeal is restored to the appeals calendar and the general calendar, and appellant is directed to serve and file its supplemental brief within 21 days of the date of this decision and order on motion; and it is further,

ORDERED that respondent shall have 10 days from the date of service upon it of appellant's supplemental brief within which to serve and file a supplemental respondent's brief.

ORDERED that in the event the parties do not comply with the above-stated directives the appeal will be calendared.

ENTER:

Paul Kenny

Chief Clerk