Opinion
Motion No: 2015-00506 KC
05-10-2016
105 Lefferts, LLC, et al., Respondents, v. Yesenia Samuels, Appellant, et al., Undertenants.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 7, 2015, to continue a stay granted by decision and order on motion of this court dated May 20, 2015, and extended by decision and order on motion of this court dated November 10, 2015. This court has been advised that the transcripts of trial are unavailable.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motion and the appeal are held in abeyance and the matter remitted to the Civil Court of the City of New York, Kings County to report whether the testimony can be reconstructed, and, if so, to submit the reconstructed record (see Davis Bros. Eng'g Corp. v Ferraro, 297 AD2d 275 [2002]; Cassella v Manikas, 8 AD2d 587 [1959]). The Civil Court shall file its report and/or record with all convenient speed.
ENTER:
Paul Kenny
Chief Clerk