| Fleet v Major Systems |
| Motion No: 2013-04307 |
| Slip Opinion No: 2013 NY Slip Op 91880(U) |
| Decided on November 20, 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
M164788
E/sl
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-04307 Thomas P. Fleet, et al., appellants, et al., plaintiffs, v Major Systems, et al., respondents. (Index No. 5156/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to enlarge the record on an appeal from an amended judgment of the Supreme Court, Suffolk County, dated January 11, 2013, to include certain documents which were ruled inadmissible as exhibits at trial and certain other documents related to an order entered in the Court of Claims.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to include the documents which were ruled inadmissible as exhibits at trial is denied as unnecessary, as the subject documents, referred to in the appellants' motion papers as a New York State Department of Environmental Conservation "Spill Report" and an "Original Project Manual," and submitted with the appellants' motion papers as Exhibit F and Exhibit H, are already part of the record on appeal; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court