| Excelsior Capital, LLC v Superior Broadcasting Company, |
| Motion No: 2011-10563 |
| Slip Opinion No: 2012 NY Slip Op 71645(U) |
| Decided on April 30, 2012 |
| 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
M137011
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2011-10563 Excelsior Capital, LLC, etc., respondent, et al., plaintiff, v Superior Broadcasting Company, Inc., defendant, Estate of C. Robert Allen III, appellant. (Index No. 8289/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Nassau County, dated September 21, 2011, to enlarge the record to include briefs filed with this Court in connection with a prior appeal, in the above-entitled action, under Appellate Division Docket Nos. 2009-08833 and 2010-03430, or for the Court to take judicial notice of the briefs.
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 branch of the motion which is to enlarge the record to include briefs filed with this Court in connection with prior appeals, in the above-entitled action, under Appellate Division Docket Nos. 2009-08833 and 2010-03430, is granted, and on or before May 14, 2012, the respondent shall serve and file a supplemental record containing those briefs; and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., FLORIO, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court