Culen v Culen
Motion No: 2010-05727
Slip Opinion No: 2011 NY Slip Op 60143(U)
Decided on January 4, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M113527

E/ct

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-05727

Beata Culen, respondent,

v Matthew Culen, appellant.

(Index No. 1239/09)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, entered May 20, 2010, to include certain photographs, documents, and a DVD.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the record to include exhibits 1A, 1B, 1C, and 1D annexed to the appellant's motion papers is denied as unnecessary as those exhibits were trial exhibits and are properly part of the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include exhibits 3I, 3J, 3K, 3L, and 3M annexed to the appellant's motion papers is denied.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court