| Mose v Sangiovanni |
| Motion No: 2010-05283 |
| Slip Opinion No: 2011 NY Slip Op 62338(U) |
| Decided on January 26, 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. |
Appellate Division: Second Judicial Department
M114649
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2010-05283 Peter Mose, appellant, v Cori Sangiovanni, et al., respondents. (Index No. 27209-09)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2010, to strike the record on appeal as inadequate, to direct the appellant to file a supplemental record on appeal, in effect, to enlarge the record to include certain material and for leave to file a supplemental record containing that material, and for an award of an attorney's fee.
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, in effect, to enlarge the record to include an affirmation of Victor Carr in opposition to the petition dated August 26, 2008, with annexed exhibits, and for leave to file a supplemental record containing that material is granted, and that branch of the motion is otherwise denied, and the supplemental record shall be served and filed on or before February 9, 2011; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, ENG and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court