Derby v Bitan
Motion No: 2010-09563
Slip Opinion No: 2011 NY Slip Op 70553(U)
Decided on April 21, 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

M118991

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-09563

Colleen Derby, appellant,

v Fabian Bitan, etc., respondent.

(Index No. 8748/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated August 26, 2010, in effect, to enlarge the record to include a note of issue date stamped by the Clerk's Office of the Supreme Court, Dutchess County, and receipt of filing.

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

ORDERED that the motion is granted and on or before May 9, 2011, the appellant may serve and file a supplemental record containing the note of issue date stamped by the Clerk's Office of the Supreme Court, Dutchess County, and receipt of filing.

RIVERA, J.P., SKELOS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court