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Babalola v. City of New York

6 Misc. 3d 46
CourtAppellate Terms of the Supreme Court of New York
DecidedDecember 1, 2004
StatusPublished

This text of 6 Misc. 3d 46 (Babalola v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Babalola v. City of New York, 6 Misc. 3d 46 (N.Y. Ct. App. 2004).

Opinion

OPINION OF THE COURT

Memorandum.

[47]*47Order unanimously reversed without costs and motion by the City of New York for settlement of the hearing minutes granted.

Contrary to the opinion of the court below, the motion for an order settling the minutes of a hearing should not have been denied on the ground that the transcript was not served upon plaintiff pursuant to CCA 1704 in a timely manner. The failure to comply with the time provisions of CCA 1704 (a) is not jurisdictional (see Rockaway One Co. v Wiggins, 2002 NY Slip Op 40132[U] [App Term, 2d & 11th Jud Dists 2002]). Accordingly, the matter is remanded to the court below for settlement of the hearing minutes.

Aronin, J.P, Patterson and Rios, JJ., concur.

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Bluebook (online)
6 Misc. 3d 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babalola-v-city-of-new-york-nyappterm-2004.