Opinion
October 28, 1963
In an action to recover damages for injury to property, defendants appeal from an order of the Supreme Court, Nassau County, dated June 20, 1963, which (1) granted plaintiff's application to vacate a prior order of said court dismissing the action and to restore it to the General Calendar; and (2) directed the Calendar Clerk to restore the action to its regular place on the calendar. Appeal dismissed, with $10 costs and disbursements. Appellants have failed to submit a proper record as required by statute and rule (former Civ. Prac. Act, § 616; Rules Civ. Prac., rule 234; Whipple v. Ripson, 29 App. Div. 70; Matter of Gowdey, 101 App. Div. 275; Levine v. Carr, 11 A.D.2d 721; Bennett Excavators Corp. v. Lasker-Goldman Corp., 11 A.D.2d 734). Beldock, P.J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.