Avalonbay Communities, Inc. v John Saluk
Motion No: 2008-00355 SC
Slip Opinion No: 2009 NY Slip Op 86391(U)
Decided on October 19, 2009
Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.

NO. 2008-355 S C
AVALONBAY COMMUNITIES, INC.,

Respondent,

-against-

JOHN SALUK,

Appellant.

DECISION

Motion by appellant, in effect, for leave to reargue denied.

This court will not, on an appeal from a judgment, consider documents that were not part of the record on the appeal from that judgment. If the documents submitted by tenant on the instant motion were included in a post-judgment motion, tenant's remedy was to appeal from the denial of that motion.