Opinion
Motion No: 2014-00661 QC
02-23-2015
2030 Astoria Developers, LLC, Respondent, v. Andreas Haikalis, Appellant.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to strike the appellant's brief on an appeal from an order of the Civil Court of the City of New York, Queens County, entered January 29, 2014. Cross motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motion and cross motion, it is
ORDERED, on the court's own motion, that the appeal is stricken from the general calendar and the appeals calendar; and it is further,
ORDERED that respondent's motion and appellant's cross motion are denied as academic.
In an affirmation in support of the cross motion, appellant's counsel states that statements were made at oral argument which are essential to the determination of the appeal. In these circumstances, the appeal has not been properly perfected, as a transcript of oral argument has not been made part of the record on appeal.
ENTER:
Paul Kenny
Chief Clerk