Gonzalez v Fiallo
Motion No: 2006-08151
Slip Opinion No: 2007 NYSlipOp 74807(U)
Decided on August 2, 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

M57865

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-08151

Reyna Gonzalez, appellant,

v Carmen Fiallo, respondent.

(Index No. 7964/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated June 23, 2006, in effect, to direct the appellant to file a supplemental record containing a reply affirmation of Joseph O. Tuffy dated June 19, 2006, and to enlarge the time to serve and file a brief.

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 report on the issue of whether it considered the reply affirmation of Joseph O. Tuffy dated June 19, 2006, in determining the motions that resulted in the order dated June 23, 2006, and the respondent's motion is held in abeyance in the interim. The Supreme Court shall file its report with all convenient speed.

RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court