Opinion
Motion No: 2014-01229 KC
07-13-2015
Velocity Chiropractic, P.C. as Assignee of Nicholas Walker, Respondent, v. American Transit Ins. Co., Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
On the court's own motion, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, entered April 24, 2014, is stricken from the appeals calendar and the general calendar.
The order appealed from recites that opposition papers were considered in the review of the motion giving rise to the order. The order further states that appellant's amended opposition papers were rejected on the ground that they were procedurally improper and untimely. The record on appeal does not contain appellant's opposition papers, although it does contain the amended opposition papers. Appellant's brief on appeal states that the Civil Court rejected appellant's "affirmation in opposition and amended affirmation in opposition." In these circumstances, the appeal must be stricken from this court's appeals calendar and general calendar and remitted to the Civil Court for clarification of whether appellant's opposition papers were considered and, if so, for reconstruction of the record to include such papers.
ENTER:
Paul Kenny
Chief Clerk