| Osborne v Evans |
| Motion No: 2006-05088 |
| Slip Opinion No: 2007 NYSlipOp 63470(U) |
| Decided on February 20, 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. |
Appellate Division: Second Judicial Department
M50987
E/nl
HOWARD MILLER, J.P.
ROBERT A. SPOLZINO
GLORIA GOLDSTEIN
WILLIAM E. McCARTHY, JJ.
|
2006-05088 Hilda Osborne, respondent, v Martha Evans, appellant. (Index No. 6154/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated April 17, 2006, on the ground that the appendix and the appellant's brief contains or refers to matter dehors the record.
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, Queens County, to report on whether it considered the "Sur-reply Affirmation in Response to Plaintiff's Affidavit in Opposition to Defendant's Motion for Renewal" of Andrea J. Robinson dated February 21, 2006, in determining the motion that resulted in the order dated April 17, 2006, and the motion is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.
MILLER, J.P., SPOLZINO, GOLDSTEIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court