| Basile v Wiggs |
| Motion No: 2011-09471 |
| Slip Opinion No: 2011 NY Slip Op 91383(U) |
| Decided on December 2, 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
M129747
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2011-09471 Christopher Basile, appellant, v Sherry Wiggs, respondent. (Index No. 10-757)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, entered September 6, 2011, to include certain documents and to take judicial notice of certain information.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the record to include an order to show cause of the Supreme Court, Westchester County, dated May 16, 2011, the affidavit of Christopher Basile dated May 15, 2011, submitted in support of the order to show cause and the attached exhibits, a subpoena dated May 16, 2011, addressed to Sylvia Goldschmidt, an affirmation of Christopher Basile dated June 22, 2011, and a summons and complaint dated March 29, 2010, is denied as unnecessary as those documents are part of the record; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court