| Dimitriadis v Visiting Nurse Service of New York |
| Motion No: 2009-07582 |
| Slip Opinion No: 2010 NY Slip Op 81465(U) |
| Decided on September 3, 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
M108040
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-07582 Paraskevi Dimitriadis, etc., et al., appellants, v Visiting Nurse Service of New York, respondent. (Index No. 8738/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 28, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal by Paraskevi Dimitriadis and Eleni Dimitriadis from an order of the Supreme Court, Kings County, dated June 18, 2009. By decision and order on motion dated March 22, 2010, the respondent's cross motion to dismiss the appeal on the ground that the record on appeal is inadequate or for leave to file a supplemental record was held in abeyance and the matter was remitted to the Supreme Court, Kings County, to hear and report on whether the order dated June 18, 2009, decided only the motion to vacate the respondent's default or also decided its motion, inter alia, to vacate the note of issue, and whether the affidavit of James Newfield filed in support of the motion to vacate the default, which the court relied upon in deciding the motion, was signed and notarized. The Supreme Court, Kings County, has filed its report dated June 23, 2010.
Upon the papers filed in support of the cross motion, and the papers filed in opposition thereto, and the report of the Supreme Court, Kings County, dated June 23, 2010, it is
ORDERED that the cross motion is granted to the extent that the record on appeal and the briefs filed by the parties are stricken, and on or before October 4, 2010, the appellants shall serve and file a replacement brief and replacement record that contains all of the motion papers filed with the Supreme Court, Kings County, including the motion to vacate the note of issue, and the appellants shall compile the record on appeal using the documents that are contained in the court file of the Supreme Court, Kings County, and the cross motion is otherwise denied.
MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court