Roug Kang Wang v Chien-Tsang Lin
Motion No: 2009-06758
Slip Opinion No: 2010 NY Slip Op 69302(U)
Decided on April 22, 2010
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

M101289

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-06758

Roug Kang Wang, et al., appellants,

v Chien-Tsang Lin, et al., respondents.

(Index No. 11000/05)

DECISION & ORDER ON MOTION

Motion by the respondent Tsu Y. Wang to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 2, 2009, on the ground that the record on appeal is inadequate and contains material dehors the 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, Queens County, to settle the record and issue a report listing the specific papers upon which it relied in determining the motion that resulted in the order dated July 2, 2009, and the motion is held in abeyance in the interim; the Supreme Court, Queens County, shall file its report with all convenient speed.

SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court