Opinion
Motion No: 2014-00114 SC
11-18-2015
Plycon Transportation Group, LLC and Plycar Transportation Group, LLC, Respondents, v. Stephen Kirschenbaum, Appellant.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant (1) to vacate a decision and order on motion of this court dated December 15, 2014, which dismissed, on the court's own motion, so much of the above-captioned appeal as was from an order of the County Court of Suffolk County dated January 31, 2013, and struck from the appeals calendar and general calendar so much of the appeal as was from an order of the same court dated May 1, 2013, (2) for leave to "renew," (3) for leave to settle transcripts within 30 days, and (4) to restore the matter to the appeals calendar and general calendar. The matter was stricken from the appeals calendar and general calendar because the parties' briefs quoted from transcripts that were not settled and made part of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to settle the transcripts within 30 days of the date of this decision and order on motion is granted; and it is further,
ORDERED that the motion is otherwise denied.
So much of the appeal as is from the order dated May 1, 2013 will be restored to the general calendar when a record containing the properly settled transcripts is transmitted to this court.
ENTER:
Paul Kenny Chief Clerk