| Ewanciw v Atlas |
| Motion No: 2007-07033 |
| Slip Opinion No: 2008 NYSlipOp 64480(U) |
| Decided on February 22, 2008 |
| 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
M66352
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
EDWARD D. CARNI, JJ.
|
2007-07033, 2007-07933 Cathy Jo Ewanciw, et al., appellants, v Gregg Atlas, etc., respondent. (Index No. 05-5391)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from a judgment of the Supreme Court, Orange County, dated June 15, 2007, and an order of the same court July 20, 2007, inter alia, to direct the respondent to produce all trial exhibits in his possession, for leave to incorporate a reconstructed exhibit of any trial exhibit that cannot be located, and to enlarge the time to perfect the appeals.
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, Orange County, for a reconstruction hearing as to the trial exhibits and to report whether the trial exhibits can be reconstructed, and the motion is held in abeyance in the interim. The Supreme Court, Orange County, shall file its report with all convenient speed.
RITTER, J.P., SANTUCCI, COVELLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court