Barry v Barry
Motion No: 2006-05863
Slip Opinion No: 2007 NYSlipOp 76572(U)
Decided on August 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M59025

E/cb

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-05863

Caroline Barry, respondent,

v Kevin A. Barry, appellant.

(Index No. 350060-01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated May 3, 2006, for leave to reargue her opposition to that branch of the respondent's motion which was to strike pages 138 through 153 of the record on appeal. By decision and order on motion dated July 24, 2007, that branch of the respondent's motion was held in abeyance and remitted to the Supreme Court, Suffolk County, to report on whether it considered those papers in determining the motions which resulted in the order dated May 3, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court