| Watkins v Martin |
| Motion No: 2009-07703 |
| Slip Opinion No: 2010 NY Slip Op 70661(U) |
| Decided on May 6, 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. |
Appellate Division: Second Judicial Department
M102380
E/sl
PETER B. SKELOS, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-07703 Thomas Watkins, appellant, v Albert Martin, respondent. (Index No. 06-4886)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the record on an appeal from a judgment of the Supreme Court, Orange County, dated June 23, 2009, on the ground that it is inadequate and contains the appellant's "verified reply to counterclaims" which is dehors the record.
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, Orange County, to report on whether the appellants "verified reply to counterclaims" was considered by the Supreme Court in issuing the judgment dated June 23, 2009, and the respondent's motion is held in abeyance in the interim. The Supreme Court, Orange County, shall file its report with all convenient speed.
SKELOS, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court