| Matter of Deans, deceased |
| Motion No: 2008-04483 |
| Slip Opinion No: 2009 NYSlipOp 64165(U) |
| Decided on February 20, 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
M82699
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2008-04483 In the Matter of Livingston Mandel Deans, deceased. Real Spec Ventures, LLC, appellant; Jacklyn Deans, et al., respondents. (File No. 1415/02)
| DECISION & ORDER ON MOTION |
Motion by Felipe Orner and Jacklyn Deans to dismiss an appeal from a decree of the Surrogate's Court, Queens County, dated April 28, 2008, on the ground that the appellant's appendix is inadequate.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that on or before March 13, 2009, the appellant serve and file a supplemental appendix containing the subject deed dated December 3, 2003, and the mortgage dated December 4, 2003, as well as the closing documents for that transaction that were admitted into evidence at the accounting trial.
MASTRO, J.P., COVELLO, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court