| Gaida-Newman v Holtermann |
| Motion No: 2005-07099 |
| Slip Opinion No: 2006 NYSlipOp 65289(U) |
| Decided on March 20, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37288
Y/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2005-07099 Bette Gaida-Newman, etc., et al., respondents, v Dean Holtermann, et al., appellants, et al., defendant. (Index No. 13634/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the record on an appeal from an order of the Supreme Court, Richmond County, dated June 8, 2005, to include the signed and sworn affidavit of Anthony Carnesi dated March 4, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Richmond County, to report on whether it considered the signed and sworn affidavit of Anthony Carnesi dated March 4, 2005, in determining the motion which resulted in the order dated June 8, 2005, and the motion is held in abeyance in the interim. The Supreme Court, Richmond County, shall file its report with all convenient speed.
ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court