T & B Port Washington, Inc., d/b/a Mama Sbarro's v McD

T & B Port Washington, Inc., d/b/a Mama Sbarro's v McD

Motion No: 2005-06020

Slip Opinion No: 2006 NYSlipOp 72781(U)

Decided on July 27, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42621

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06020
T & B Port Washington, Inc., d/b/a Mama
Sbarro's, respondent, v Pamela McDonoug
et al., appellants, et al., defendants.
(Index No. 3842/04)

DECISION & ORDER ON MOTION

h,

.Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered May 18, 2005, inter alia, to enlarge the record on appeal to include a motion for summary judgment, which was filed in the Supreme Court, Nassau County, and cross motion by the respondent, inter alia, to enlarge the record on appeal to include its papers in opposition to the same motion.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion and the cross motion are denied.

SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer