| Gorelik v Gorelik |
| Motion No: 2008-08020 |
| Slip Opinion No: 2009 NYSlipOp 63957(U) |
| Decided on February 19, 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. |
Appellate Division: Second Judicial Department
M82538
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
|
2008-08020 Gennady Gorelik, appellant, v Elena Gorelik, respondent. (Index No. 42856/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 14, 2008, to "supplement[] the record on appeal with CPLR 4403 filings."
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether the court considered the following documents, in determining the motion and cross motion that resulted in the order dated July 14, 2008, and the appellant's motion is held in abeyance in the interim:
(1) notice of motion pursuant to CPLR 4403 and 22 NYCRR 202.44, affidavit of Gennady Gorelik dated December 28, 2007, supporting the motion and attached exhibits;
(2) notice of cross motion dated February 11, 2008, pursuant to CPLR 4403 and 22 NYCRR 202.44, affirmation of Howard A. Gardner dated February 11, 2008, supporting the cross motion and attached exhibits;
(3) affidavit of Gennady Gorelik dated February 28, 2008, in opposition to the cross motion and in further support of the motion and attached exhibits;
(4) errata sheet of Gennady Gorelik dated March 1, 2008, for affidavit dated February 28, 2008;
(5) reply affirmation of Howard A. Gardner dated March 14, 2008, supporting the cross motion and attached exhibits;
(6) notice of motion dated March 26, 2008, to strike the reply affirmation of Howard A. Gardner dated March 14, 2008, affidavit of Gennady Gorelik dated March 26, 2008, supporting the motion and attached exhibits;
(7) affirmation of Howard A. Gardner dated April 4, 2008, opposing the motion to strike and attached exhibits;
The Supreme Court, Kings County, shall file its report with all convenient speed.
FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court