| Reisner v Litman & Litman, P.C. |
| Motion No: 2010-09969 |
| Slip Opinion No: 2011 NY Slip Op 76856(U) |
| Decided on June 28, 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
M122240
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2010-09969 Eric Reisner, respondent-appellant, v Litman & Litman, P.C., et al., appellants- respondents. (Index No. 18527/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, inter alia, to strike the appellants-respondents' brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered September 16, 2010, on the ground that it refers to matter dehors the record, and to dismiss the appeal on the ground that the joint record contains matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Nassau County, to report on whether page 38 of the EBT transcript of the testiomony of Sheila Dukacz was attached to the appellants-respondents' motion papers, or whether the court otherwise reviewed that page of the EBT transcript, in determining the motion that resulted in the order entered September 16, 2010, and the respondent-appellant's motion is held in abeyance in the interim. The Supreme Court, Nassau County, shall file its report with all convenient speed.
SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court