Silver v Newman
Motion No: 2012-11336
Slip Opinion No: 2013 NY Slip Op 69982(U)
Decided on April 10, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M154380

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SYLVIA HINDS-RADIX, JJ.

2012-11336

Rhona Silver, etc., respondent,

v Barry Newman, et al., appellants,

et al., defendants.

(Index No. 22581/10)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike a certain affidvait from the record on an appeal from an order of the Supreme Court, Suffolk County, dated October 2, 2012, on the ground that it is a "false and fraudulent affidavit."

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court