Shifer v Shifer
Motion No: 2013-05431
Slip Opinion No: 2015 NY Slip Op 61013(U)
Decided on January 14, 2015
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

M185698

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2013-05431

Pearl Shifer, appellant-respondent, v David

Shifer, etc., et al., respondents-appellants,

et al., defendant.

(Index No. 1434/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to enlarge the time to perfect an appeal and cross appeals from a judgment of the Supreme Court, Kings County, dated April 8, 2013, and, in effect, to omit certain trial exhibits from the record.

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

ORDERED that on the Court's own motion, the matter is remitted to the Supreme Court, Kings County, to reconstruct the missing trial exhibits in the above-entitled case; if the trial exhibits cannot be reconstructed the Supreme Court shall issue a report to this Court with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

DILLON, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court