| Robert Ellison v Michael D. Horn |
| Motion No: 2024-00604 QC |
| Slip Opinion No: 2025 NY Slip Op 72704(U) |
| Decided on July 7, 2025 |
| 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
WAVNY TOUSSAINT, P.J.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Robert Ellison, Appellant, v Michael D. Horn, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered August 7, 2023 and from an order of that Court dated April 19, 2024. In a Decision and Order on Motion dated April 11, 2025, the Court directed the parties to show cause before this court why the appeal should not be stricken from the court's appeal calendar on the ground that the appeal has not been properly perfected in that the transcript of the trial that took place on August 7, 2023 has not been made part of the record on appeal, by filling an affidavit on the issue with the Clerk of this court on or before May 14, 2025.
Now, upon the order to show cause and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
The transcript of the trial that took place on August 7, 2023 has now been filed with this court.
ENTER:
Paul Kenny
Chief Clerk