TIANA SYKES, V STAN ROTH, .
Motion No: CA 12-01085
Slip Opinion No: 2012 NY Slip Op 79909(U)
Decided on July 24, 2012
Appellate Division, Fourth 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.


July 24, 2012

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 12-01085

TIANA SYKES, PLAINTIFF-APPELLANT-RESPONDENT,

V

STAN ROTH, DEFENDANT-RESPONDENT-APPELLANT.


Plaintiff having moved to expand the record to include a supplmental record on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 10, 2012,

Now, upon reading and filing the affirmation of Mo Athari, Esq., dated June 27, 2012, the notice of motion with proof of service thereof, and the affidavit of Kathryn A. Daly, Esq., sworn to July 5, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to a motion for the same relief in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; and Matter of Stewart v Soda, 239 AD2d 966).

Entered: July 24, 2012

Frances E. Cafarell, Clerk