| Patel v Primary Construction, LLC |
| Motion No: 2013-00028 |
| Slip Opinion No: 2013 NY Slip Op 90058(U) |
| Decided on October 31, 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. |
Appellate Division: Second Judicial Department
M164543
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2013-00028 Dahyabhai M. Patel, et al., appellants, v Primary Construction, LLC, et al., respondents. (Index No. 11-7954)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to strike stated portions of the record on an appeal from an order of the Supreme Court, Orange County, dated September 14, 2012, on the ground that they contain 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 matter is remitted to the Supreme Court, Orange County, to report on whether the court considered the signed verified affidavit of Joseph J. Pfau, verified April 28, 2012, attached to the respondents' moving papers as part of Exhibit D, in determining the motion that resulted in the order dated September 14, 2012, and the respondents' motion is held in abeyance in the interim. The Supreme Court, Orange County, shall file its report with all convenient speed.
MASTRO, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court