| Harper v Findling |
| Motion No: 2006-01971 |
| Slip Opinion No: 2006 NYSlipOp 67583(U) |
| Decided on April 28, 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
M38892
C/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2006-01971 Claudia Harper, et al., appellants, v Richard Findling, etc., respondent. (Index No. 03-9778)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to omit two of the defendants' trial exhibits from the record on an appeal from a judgment of the Supreme Court, Westchester County, entered February 3, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on or before May 17, 2006, the respondent shall provide the appellants with copies of the respondent's two trial exhibits: the office note by Dr. Findling from December 17, 2001, admitted into evidence on January 7, 2005, at trial transcript page 281, and the office note by Dr. Findling from January 14, 2002, also admitted into evidence on January 7, 2005, at trial transcript page 281; and it is further,
ORDERED that on or before May 31, 2006, the appellants shall serve and file a supplemental record containing those exhibits; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 3, 2006.
CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court