| Gamman v Silverman |
| Motion No: 2011-00759 |
| Slip Opinion No: 2011 NY Slip Op 92728(U) |
| Decided on December 13, 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
M130233
S/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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated October 20, 2011, in the above-entitled case is recalled and vacated and the following decision and order on motion is substituted therefor:
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 January 9, 2012, the respondent-appellant serve and file a supplemental joint record containing the transcript of the hearing which occurred before the referee.
SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court