Gamman v Silverman
Motion No: 2011-00759
Slip Opinion No: 2011 NY Slip Op 87285(U)
Decided on October 20, 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

M127494

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-00759

Joan D. Gamman, respondent-appellant,

v Jill H. Silverman, appellant-respondent.

(Index No. 5850/06)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered December 9, 2010, to strike stated portions of the respondent-appellant's brief on the ground that it refers to 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 motion is denied on condition that on or before November 21, 2011, the respondent-appellant serve and file a supplemental joint record containing the transcripts of the hearing which occurred on May 28, 2008, and May 29, 2008.

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court