SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., GOLIA and BELEN, JJ.

NO. 2003-1316 K C
AYODEJI BABALOLA,

Respondent,

-against-


THE CITY OF NEW YORK
and DETECTIVE WILLIAM WALLACE,

Appellants.

DECISION

On the court's own motion, motions by appellants and respondent are consolidated for purposes of disposition.

Motion by defendants-appellants granted to the extent of vacating dismissal of the appeal on condition that the appeal be perfected by February 8, 2006 and directing Justice Bernadette F. Bayne to settle the transcript of the trial pursuant to section 1704 (a) of the New York City Civil Court Act within 30 days of the date of the order hereon; otherwise motion denied.

Motion by plaintiff granted to the extent of deeming her affidavit in opposition to defendants' motion timely served and filed; and all other relief denied.

In the absence of a settlement of the transcript in accordance with CCA 1704 (a), this court would be required to reverse and order a new trial (Rockaway One v Wiggins, 2002 NY Slip Op 40132[U] [App Term, 2d & 11th Jud Dists]).