Kihl v Pfeffer
Motion No: 2005-11439
Slip Opinion No: 2007 NYSlipOp 60360(U)
Decided on January 5, 2007
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

M49094

E/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-11439

Merryl Kihl, respondent, v Karl O. Pfeffer,

defendant, County of Nassau, appellant.

(Index No. 23156/95)

DECISION & ORDER ON MOTION

Separate motions by the respondent to enlarge the record on an appeal from a judgment of the Supreme Court, Nassau County, entered November 3, 2005, to include a document entitled Cigna Healthcare Coverage Position concerning Oral Transmucosal Fentanyl Citrate (Actiq) and a letter from United Healthcare dated August 7, 2006, attached as exhibit D to the motions.

Upon the papers filed in support of the motions and the stipulation of the parties dated November 15, 2006, it is

ORDERED that the motions are granted; and it is further,

ORDERED that on or before January 24, 2007, the respondent shall serve and file a supplemental record containing the document entitled Cigna Healthcare Coverage Position concerning Oral Transmucosal Fentanyl Citrate (Actiq) and the letter from United Healthcare dated August 7, 2006, attached as exhibit D to the motions.

PRUDENTI, P.J., GOLDSTEIN, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court