37 Park Drive South, Inc. v Duffy
Motion No: 2008-00283
Slip Opinion No: 2008 NYSlipOp 83615(U)
Decided on September 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M76028

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

JOHN M. LEVENTHAL, JJ.

2008-00283

37 Park Drive South, Inc., respondent-appellant,

v James Duffy, et al., appellants-respondents.

(Index No. 04-16967)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to enlarge the record on an appeal from a judgment of the Supreme Court, Westchester County, dated January 2, 2008, to include a complaint in an action entitled Shamis v Royal & Sunalliance Personal Ins. Co., commenced in the Supreme Court, New York County, under Index No. 601835/01, or to take judicial notice of that complaint.

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

ORDERED that the motion is denied.

SPOLZINO, J.P., FLORIO, MILLER and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court