| Yhap v McDonald |
| Motion No: 2010-05921 |
| Slip Opinion No: 2011 NY Slip Op 64854(U) |
| Decided on February 22, 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
M115685
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2010-05921 Ryan Yhap, etc., et al., appellants, v Allison McDonald, et al., respondents. (Index No. 102295/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent Rockledge Scaffold Corp., in effect, to stay enforcement of a certain subpoena duces tecum, on an appeal from an order of the Supreme Court, Richmond County, dated April 7, 2010. Cross motion by the appellants to enlarge the record to include the investigation file of McClarens Young International, concerning the subject incident.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted; and it is further,
ORDERED that on or before March 9, 2011, the respondent shall file the investigation file of McClarens Young International, concerning the subject incident, under seal, in the office of the Clerk of the Court, for in camera review by the panel of Justices assigned to the appeal, and the investigation file shall remain sealed upon filing.
MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court