Gall v Colon-Sylvain
Motion No: 2015-00878
Slip Opinion No: 2015 NY Slip Op 92882(U)
Decided on December 8, 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

M202777

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-00878

Elemer Gall, etc., respondent,

v Frances Colon-Sylvain, et al., defendants,

David M. Fish, et al., appellants.

(Index No. 6536/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Nassau County, dated November 3, 2014, on the ground that the "2015 amended 2006 Title Report" contained in the joint appendix is altered from the original that was submitted to the Supreme Court at trial, or, in the alternative, 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, Nassau County, to report on whether the "2015 amended 2006 Title Report" contained in the joint appendix is altered from the original that was submitted to the Supreme Court at trial, and the respondent's motion is held in abeyance in the interim. The Supreme Court, Nassau County, shall file its report with all convenient speed.

BALKIN, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court