Opinion
2022-63675 Motion 2021-00401 DC
03-15-2022
Todd Burns, Appellant, v. Matthew Palmatier & Judy Palmatier, Respondents.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. ELIZABETH H. EMERSON TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to appeal on an abridged record from a judgment of the City Court of Poughkeepsie, Dutchess County, entered June 11, 2021, and, in effect, to prosecute the appeal on an original record pursuant to 22 NYCRR 731.9 (a) (1).
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of appellant's motion seeking leave to appeal on an abridged record is denied; and it is further, ORDERED that the branch of appellant's motion seeking to, in effect, prosecute the appeal on an original record pursuant to 22 NYCRR 731.9 (a) (1) is granted; and it is further, ORDERED that, on the court's own motion, the appellant is granted an extension of time to perfect the appeal and the appeal shall be perfected on or before May 16, 2022; and it is further, ORDERED that in the event the appeal is not perfected by May 16, 2022, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal and may serve such application upon appellant in person.
This court's rules do not allow an appeal in a civil matter to be perfected upon an abridged record absent a stipulation of the parties to that effect (see CPLR 5525 [b]; SP Prop. 232 Ct., LLC v Ideal Properties Group, LLC, 2020 NY Slip Op 69147[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]). Thus, there is no basis to grant appellant's request to be allowed to prosecute the appeal without settling the minutes of the trial in this small claims action.
It is noted that 22 NYCRR 731.9 (b) (2), cited by appellant, applies to appeals arising from criminal actions or proceedings.