Opinion
2004-1401 K C.
Decided July 21, 2005.
Appeal by plaintiff from an order of the Civil Court, Kings County (R. Garson, J.), entered April 22, 2004, denying his motion to restore the case to the calendar.
Order unanimously affirmed without costs.
Before: PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
Since the parties herein did not stipulate to restore the case to the calendar, and the record does not indicate that plaintiff made his motion upon notice to defendant, we find that the court below properly denied plaintiff's motion to restore the case to the calendar ( see 22 NYCRR 208.14 [c]). In any event, plaintiff's moving papers are insufficient to warrant granting his motion.