Genova v Chiovaro
Motion No: 2014-10779
Slip Opinion No: 2015 NY Slip Op 76436(U)
Decided on June 17, 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

M194079

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2014-10779

Laura J. Genova, appellant,

v Lisa A. Chiovaro, respondent.

(Index No. 8450/13)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 22, 2014, on the ground that the record contains matter dehors the record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record contains matter dehors the record is denied on condition that on or before July 17, 2015, the appellant remove pages 258 through 267 from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain the material on those pages; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DICKERSON, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court