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BABALOLA v. CITY OF NY

6 Misc.3d 46 (2004)

790 N.Y.S.2d 807

AYODEJI BABALOLA, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

December 1, 2004.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for appellant.

Ayodeji Babalola, respondent pro se.

ARONIN, J.P., PATTERSON and RIOS, JJ., concur.

OPINION OF THE COURT

Memorandum.

Order 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...

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