| Tutarashvili v Barzilay |
| Motion No: 2006-01572 |
| Slip Opinion No: 2006 NYSlipOp 76350(U) |
| Decided on September 22, 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
M44874
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2006-01572 Nina Tutarashvili, plaintiff, v Avraham Barzilay, et al., defendants. Steven V. Podolsky, nonparty-appellant; John P. Bostany, nonparty-respondent. (Index No. 37186/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 18, 2006, on the ground that the record is incomplete.
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, Kings County, to report on whether the court considered the respondent's affirmation dated January 12, 2006, in determining the motion that is the subject of the order appealed from, and the motion to dismiss the appeal is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
PRUDENTI, P.J., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court