| Epstein v Messner |
| Motion No: 2008-10845 |
| Slip Opinion No: 2009 NYSlipOp 67471(U) |
| Decided on March 25, 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
M84244
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-10845 Manfred Epstein, respondent, v Joan A. Messner, appellant. (Index No. 21666-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to enlarge the record on an appeal from a judgment of the Supreme Court, Suffolk County, entered December 24, 2008, to include a certain order of the same court dated June 6, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from a decision of the Supreme Court, Suffolk County, dated October 24, 2008, is deemed to be a premature notice of appeal from the judgment; and it is further,
ORDERED that the motion is denied without prejudice to seeking to modify the judgment in the Supreme Court, Suffolk County.
MASTRO, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court