| Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v |
| Motion No: 2006-01382 |
| Slip Opinion No: 2006 NYSlipOp 68907(U) |
| Decided on May 17, 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
M39472
S/nal
ROBERT W. SCHMIDT, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2006-01382
Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc., et al., respondents, v Congregation Yetev Lev D'Satmar, Inc., et al., appellants, et al., defendants. (Index No. 4495/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent Congregation Yetev Lev D'Satmar, Inc., by Berl Friedman, President, on an appeal from an order of the Supreme Court, Orange County, dated February 9, 2006, to strike from the joint appendix (1) a supplemental affirmation of Rabbi Moses Friedman dated February 7, 2006, which appears on pages A-2426 through A-2431 of the appendix, and (2) a letter from the law firm of Rider, Weiner & Frankel, P.C., to Justice Rosenwasser, dated November 18, 2005, which appears on pages A-1763 through A-1764 of the appendix, on the ground that this material is dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is referred to James Edward Pelzer, the Clerk of this court, as referee, to hear and report on the issue of whether the supplemental affirmation of Rabbi Moses Friedman dated February 7, 2006, which appears on pages A-2426 through A-2431 of the appendix, and the letter from the law firm of Rider, Weiner & Frankel, P.C., to Justice Rosenwasser, dated November 18, 2005, which appears on pages A-1763 through A-1764 of the appendix, were considered by the Supreme Court, Orange County, in determining the motions which resulted in the order dated February 9, 2006; and it is further,
ORDERED that the referee shall file his report with all convenient speed.
Under the unique circumstances of this case and in order to promote the expeditious determination of the appeal, a reference to hear and report into the issues raised by the motion is warranted.
SCHMIDT, J.P., MASTRO, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court