Matter of Tolliver v Fischer
Motion No: 2008-10578
Slip Opinion No: 2009 NY Slip Op 79025(U)
Decided on July 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M89906

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2008-10578

In the Matter of Eric Tolliver, petitioner,

v Brian Fischer, etc., respondent.

(Index No. 08-5256)

DECISION & ORDER ON MOTION

Renewed 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.

SKELOS, J.P., LEVENTHAL, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court