| Katz, Stanley v Engle, Carol |
| Motion No: 570350/10 |
| Slip Opinion No: 2010 NY Slip Op 69339(U) |
| Decided on April 23, 2010 |
| Appellate Term, First 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. |
April 23, 2010
Katz, Stanley v Engle, Carol
It is Ordered that the respondent-appellant's motion is granted only to the extent of permitting the appeal to proceed on the original record of the trial court. The Court notes that the notice of appeal is from a March 1, 2010 order which sought to set aside the judgment after trial, from which no appeal was taken. Accordingly, the only transcript necessary, if any, would be from any oral argument had on the motion to set aside the judgment. The motion insofar as it seeks to supplement the record is denied.
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570350/10