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SCHOONOVER v. GARDNER

265 A.D.2d 831 (1999)

696 N.Y.S.2d 742

ROBERT R. SCHOONOVER, Respondent, v. D. DOUGLAS GARDNER, Defendant, and LAURA A. INFANTINO-GARDNER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided October 1, 1999.

Appeal unanimously dismissed without costs.

Memorandum:

Because the record does not establish plaintiff's consent, the appeal cannot be perfected on a "statement in lieu of stenographic transcript" (see, CPLR 5527; City of Rochester Urban Renewal Agency v Rochester Stor. Warehouse, 142 A.D.2d 957). Were the appeal properly before us, we would conclude that substantial...

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