Matter of RL Night Star Pub, Inc.
Motion No: 2006-04323
Slip Opinion No: 2007 NYSlipOp 72314(U)
Decided on June 21, 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

M56286

E/nl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-04323

In the Matter of RL Night Star Pub, Inc.

Sandra Ribeiro, respondent; Rogerio Moura,

appellant.

(Index No. 7526-04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue that branch of her motion which was to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 10, 2006, on the ground that the record on appeal was inadequate, which was determined by decision and order on motion dated May 17, 2007.

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, Suffolk County, to report on the issue of what papers it considered in determining the motions that resulted in the order dated April 10, 2006, and the respondent's motion is held in abeyance in the interim. The Supreme Court shall file its report with all convenient speed.

MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court