McMahan v McMahan
Motion No: 2008-02499
Slip Opinion No: 2009 NYSlipOp 63145(U)
Decided on February 9, 2009
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

M82253

E/nl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-02499

David Bruce McMahan, appellant-respondent,

v Elena McMahan, respondent-appellant.

(Index No. 399/05)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered March 6, 2008, respectively, to enlarge the record on appeal to include a certain supplemental appendix, or, in the alternative, to direct the court to take judicial notice of the documents contained in the proposed supplemental appendix. Cross motion by the respondent-appellant to enlarge the record to include certain documents.

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

ORDERED that the motion and cross motion are denied.

SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court