| Matter of RL Night Star Pub, Inc. |
| Motion No: 2006-04323 |
| Slip Opinion No: 2007 NYSlipOp 80599(U) |
| Decided on October 12, 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
M60765
E/sl
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. By decision and order on motion of this court dated June 21, 2007, the matter was 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 was held in abeyance in the interim. The Supreme Court, Suffolk County, has filed its report.
Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the report of the Supreme Court, Suffolk County, it is
ORDERED that on the court's own motion, the record on appeal, supplemental record, appellant's brief, and respondent's brief are stricken; and it is further,
ORDERED that the motion for leave to reargue is granted, and, upon reargument, the first decretal paragraph of the decision and order on motion of this court dated May 17, 2007, is recalled and vacated, and the following decretal paragraph is substituted therefor:
"ORDERED that the branch of the motion which was to dismiss the appeal on the ground that the record on appeal was inadequate is denied on condition that on or before November 2, 2007, the appellant serve and file a replacement record containing all of the documents enumerated in the report of the Supreme Court, Suffolk County, dated September 20, 2007, as well as a brief that contains citations to the record (see 22 NYCRR 670.10.3[g][2]); and it is further,"
MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court