Appellate Division: Second Judicial Department

M129475

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2011-05777, 2011-06653 In the Matter of Bert Wohl, etc., petitioner- respondent, v Ernest Fequiere, respondent, Lourdes Marie Dorce, appellant. (Index No. 5400/08)

DECISION & ORDER ON MOTION

Motion by appellant on appeals from two orders of the Supreme Court, Queens County, dated March 19, 2008, and August 3, 2010, respectively, (1) to recall and vacate so much of the decision and order on motion of this Court dated September 2, 2011, as directed her to remove pages 33 through 44 and pages 293 through 330 from the copies of the record on appeal on file with this Court, or serve and file a replacement record which does not contain that material, and (2) for leave to serve and file a supplemental record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated September 2, 2011, as directed the appellant to remove pages 33 through 44 and pages 293 through 330 from the copies of the record on appeal on file with this Court, or serve and file a replacement record which does not contain that material is vacated; and it is further,

ORDERED that on or before December 30, 2011, the appellant shall serve and file a supplemental record containing the photograph and transcript annexed to the appellant's motion papers as Exhibit C.

DILLON, J.P., ENG, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court