Kupersmith v Winged Foot Golf Club, Inc.
Motion No: 2005-11367 +1
Slip Opinion No: 2006 NYSlipOp 79926(U)
Decided on November 15, 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

M46927

Y/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-11367, 2006-02998

Corey Kupersmith, appellant,

v Winged Foot Golf Club, Inc., et al.,

respondents.

(Index No. 04-20312)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to file a supplemental record on appeals from an order of the Supreme Court, Westchester County, dated September 27, 2005, and a judgment of the same court dated October 18, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and, on or before November 30, 2006, the respondents shall serve and file a supplemental record containing the affirmation of John S. Martin dated May 20, 2005, and the exhibit thereto, and shall remove pages 266 through 307 from the copies of the record on appeal on file with this court and either (1) replace them the material attached as Exhibit G (including Exhibits 1 through 11) of the instant motion or (2) include the material attached as Exhibit G (including Exhibits 1 through 11) in the supplemental record.

PRUDENTI, P.J., SCHMIDT, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court