Cacv of Colo., LLC v. Ferguson

Full title: CACV of Colorado, LLC, Respondent, v. Kaydian Ferguson, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Mar 21, 2014

2014 N.Y. Slip Op. 68635 (N.Y. App. Term 2014)

Opinion

Motion No: 2012-02544 KC

03-21-2014

CACV of Colorado, LLC, Respondent, v. Kaydian Ferguson, Appellant.

MICHELLE WESTON, J.P.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, entered August 7, 2012, is stricken from the general calendar, the appeals calendar, and the April 2, 2014 ready day calendar, and the record shall be remitted to the Civil Court.

An examination of the record indicates that the Civil Court, in the order appealed from, relied upon statements made at oral argument. In these circumstances, the minutes of oral argument are a necessary part of the record on appeal. Because these minutes have not been made part of the record, the appeal must be stricken from the general calendar, the appeals calendar, and the ready day calendar.

ENTER:

Paul Kenny

Chief Clerk