Ashmore v Ashmore
Motion No: 2009-01124
Slip Opinion No: 2009 NY Slip Op 85666(U)
Decided on October 14, 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

M93017

J/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-01124

Kelly Ashmore, respondent,

v Benjamin Ashmore, Sr., appellant.

(Index No. 37380/07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 15, 2009, in the above-entitled matter, which, inter alia, denied a motion by the appellant for leave to prosecute the appeal on the original record, on an appeal from an order of the Supreme Court, Kings County, dated January 12, 2009, is amended by deleting from the recitation paragraph thereof, the words "the papers filed in opposition", and substituting therefor the words "no papers having been filed in opposition or relation".

FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court