Opinion
Motion No: 2016-00255 KC
05-16-2017
Tamoya Philogene, Appellant, v. Garjois Auto Repair, Respondent, et al., Defendant.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
On the court's own, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, entered December 14, 2015, is stricken from the appeals calendar and the general calendar.
The order appealed from determined a motion by respondent, in effect, to vacate a judgment entered following a default under a stipulation of settlement and a motion by appellant to compel compliance with the stipulation and an interim order of the Civil Court dated October 23, 2015. The papers submitted by respondent upon its motion, in effect, to vacate the judgment, the order dated October 23, 2015, and the transcripts of the oral arguments held on October 23, 2015 and December 14, 2015 have not been made part of the record on appeal and are necessary to a proper determination of the appeal. If the motion papers and the transcripts of the oral arguments are not available, the parties may seek to reconstruct them (see Davis Bros. Eng'g Corp. v Ferraro, 297 AD2d 275 [2002]; Cassella v Manikas, 8 AD2d 587 [1959]).
ENTER:
Paul Kenny
Chief Clerk