| Matter of Tolliver v Fischer |
| Motion No: 2008-10578 |
| Slip Opinion No: 2009 NY Slip Op 74892(U) |
| Decided on June 11, 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
M87875
E/sl
MARK C. DILLON, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2008-10578 In the Matter of Eric Tolliver, petitioner, v Brian Fischer, etc., respondent.
(Index No. 08-5256)
| DECISION & ORDER ON MOTION |
Motion by the respondent in a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Dutchess County, dated November 17, 2008, to supplement the record with a certain compact disc containing certain telephone calls made by the petitioner.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew on or before June 25, 2009, upon proper papers, including proof establishing that the subject compact disc was admitted into evidence at the disciplinary hearing.
DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court