| Intervest National Bank v Ashburton 70, LLC |
| Motion No: 2010-00451 |
| Slip Opinion No: 2010 NY Slip Op 82360(U) |
| Decided on September 16, 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
M108365
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2010-00451 Intervest National Bank, respondent, v Ashburton 70, LLC, et al., appellants, et al., defendant. (Index No. 08-25988)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 8, 2009, on the ground that the record on appeal is inadequate, or to direct the appellants to file a supplemental record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the record on appeal is deemed to be an appellants' appendix (see CPLR 5528[a][5]; 22 NYCRR 670.10.2[c]); and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court