| Taha v Elzemity |
| Motion No: 2015-01796 |
| Slip Opinion No: 2016 NY Slip Op 69788(U) |
| Decided on April 8, 2016 |
| 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
M209586
E/sl
JOHN M. LEVENTHAL, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2015-01796 Hesham Taha, respondent, v Abier Elzemity, appellant. (Index No. 50819/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated December 31, 2014, and to direct the Supreme Court to locate Defendant's Trial Exhibit C or, in the alternative, for leave to omit Defendant's Trial Exhibit C from the record or appendix on the appeal.
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, Richmond County, for a reconstruction hearing with respect to Defendant's Trial Exhibit C, in the above-entitled action, and the appellant shall immediately advise this Court when the reconstruction hearing is completed or if reconstruction cannot be accomplished; and it is further,
ORDERED that the motion is held in abeyance in the interim.
LEVENTHAL, J.P., HALL, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court