| Excelsior Capital, LLC v Superior Broadcasting Company |
| Motion No: 2009-08833 |
| Slip Opinion No: 2010 NY Slip Op 73067(U) |
| Decided on June 1, 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
M103670
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-08833, 2010-03430 Excelsior Capital, LLC, appellant, et al., plaintiff, v Superior Broadcasting Company, Inc., defendant, C. Robert Allen III, et al., respondents. (Index No. 8289/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from a judgment of the Supreme Court, Nassau County, dated August 14, 2009, and an amended judgment of the same court entered February 25, 2010, to enlarge the record to include certain emails dated July 13, 2005, and July 15, 2005, respectively, and complaints in related actions.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the record is enlarged to include a verified complaint in an action entitled Excelsior Capital, LLC, v Buzil, dated May 21, 2008, commenced in the Supreme Court, Nassau County, under Index No. 9723/08 and a complaint dated March 23, 2010, in an action entitled Excelsior Capital, LLC, v Devine, commenced in the United States District Court for the Eastern District of New York, under Docket No. CV10-01319 (ADS), and the respondents shall serve and file a respondents' appendix containing those complaints at the time that they file their brief; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court