| Lessage v Relm Associates, LLC |
| Motion No: 2007-00820 |
| Slip Opinion No: 2007 NYSlipOp 70306(U) |
| Decided on May 29, 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
M55156
E/sl
REINALDO E. RIVERA, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
RUTH C. BALKIN, JJ.
|
2007-00820 Juniara Lessage, respondent, v Relm Associates, LLC, etc., et al., appellants, et al., defendant. (Index No. 405/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 29, 2006, on the ground that the record on appeal is inadequate or to direct the appellants to serve and file a supplemental record containing certain police arrest records.
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 hear and report on the issue of whether the court considered the police arrest records in determining the motion that resulted in the order dated November 29, 2006, and the respondent's motion to dismiss the appeal is held in abeyance in the interim. The Supreme Court shall file its report with all convenient speed.
RIVERA, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court