| Matter of Grossman v Ilowitz |
| Motion No: 2008-05946 |
| Slip Opinion No: 2009 NY Slip Op 75344(U) |
| Decided on June 17, 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
M88026
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ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
PLUMMER E. LOTT, JJ.
|
2008-05946 In the Matter of Raphael Grossman, et al., petitioners, v Yaakov Aaron Ilowitz, et al., respondents. (Proceeding No. 1) (Index No. 6268/06) In the Matter Yaakov Aaron Ilowitz, et al., petitioners-respondents, v Raphael Grossman, et al., appellants. (Proceeding No. 2) (Index No. 19552/07)
| DECISION & ORDER ON MOTION |
Motion by Yaakov Aaron Ilowitz and Yisroel Chaim Ilowitz to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 22, 2008, on the ground that the record on appeal is inadequate or to direct the appellants to serve and file a supplemental record and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether the court considered the affirmation of Rabbi Mordechai Jofen dated January 8, 2008, in determining the motion that resulted in the order dated May 22, 2008, and the motion to dismiss is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
SPOLZINO, J.P., SANTUCCI, FLORIO and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court