BABALOLA v. Detective William Wallace, Defendant. (2004)

Supreme Court, Appellate Term, New York.

Ayodeji BABALOLA, Respondent, v. The CITY OF NEW YORK, Appellant, Detective William Wallace, Defendant.

Decided: December 01, 2004

Present: ARONIN, J.P., PATTERSON and RIOS, JJ.

Michael A. Cardozo, Coproration Counsel, New York City (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for appellant. Ayodeji Babalola, respondent pro se.

Appeal by defendant The City of New York from an order of the Civil Court, Kings County (B. Bayne, J.), entered on November 26, 2003, which denied its motion for an order settling hearing minutes.

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 with the time provisions of CCA 1704(a) is not jurisdictional (see Rockaway One v. Wiggins, 2002 N.Y. Slip Op. 40132 [U], 2002 WL 977113 [App. Term, 2d & 11th Jud. Dists.] ). Accordingly, the matter is remanded to the court below for settlement of the hearing minutes.

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