Schwartz v Miltz
Motion No: 2009-09604
Slip Opinion No: 2011 NY Slip Op 60944(U)
Decided on January 11, 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

M113577

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2009-09604

Walter Schwartz, respondent,

v Michele Farkas Miltz, appellant.

(Index No. 11127/04)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered October 13, 2009, which was determined by decision and order of this Court dated October 12, 2010, and upon reargument, to dismiss the appeal on the ground that the record on appeal was inadequate.

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

ORDERED that the motion is denied.

RIVERA, J.P., SKELOS, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court