| Allstate Insurance Company v Jasser |
| Motion No: 2014-02515 |
| Slip Opinion No: 2014 NY Slip Op 78879(U) |
| Decided on July 25, 2014 |
| 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
M177506
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
COLLEEN D. DUFFY, JJ.
|
2014-02515 Allstate Insurance Company, appellant, v Steven Jasser, respondent. (Index No. 34083/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 27, 2013, on the ground that the record contains matter dehors the record, or, in effect, to direct the appellant to correct the record and to enlarge the time to serve and file a brief.
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, Suffolk County, to report on whether that court considered the letter of Mark J. Fenelon dated December 12, 2013, on page 309 of the record, the affirmation of service of the letter correcting typos of Mark J. Fenelon on page 310 of the record, the letter dated December 12, 2013, on page 311 of the record, the affidavit of Eugene Salik dated December 6, 2013, on pages 312 through 319 of the record, and the letter of Mark C. Kujawski dated December 16, 2013, on page 323 of the record, in determining the motion that resulted in the order dated December 27, 2013; the Supreme Court, Suffolk County, shall file its report with all convenient speed; and it is further,
ORDERED that the respondent's motion is held in abeyance in the interim.
RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court