| Patel v Primary Construction, LLC |
| Motion No: 2013-00028 |
| Slip Opinion No: 2013 NY Slip Op 92568(U) |
| Decided on November 26, 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
M165809
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. By decision and order on motion of this Court dated October 31, 2013, the matter was 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 was held in abeyance in the interim. The Supreme Court, Orange County, has submitted its report dated November 13, 2013.
Upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Orange County, dated November 13, 2013, it is
ORDERED that the respondents' motion is denied.
MASTRO, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court