Greenberg v Greenberg
Motion No: 2015-05114
Slip Opinion No: 2016 NY Slip Op 83453(U)
Decided on August 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M217022

E/ct

MARK C. DILLON, J.P.

JEFFREY A. COHEN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-05114, 2016-04780

Stephanie Greenberg, respondent,

v Daniel Greenberg, appellant.

(Index No. 202158/09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, for a reconstruction hearing with respect to the trial exhibits referred to in the respondent's posttrial memorandum of law dated September 5, 2014, on appeals from an order of the Supreme Court, Nassau County, entered November 20, 2014, and an amended judgment of the same Court entered February 6, 2015, and to extend the time to comply with so much of a decision and order on motion of this Court dated June 29, 2016, as directed him to serve and file a supplemental appendix containing the respondent's posttrial memorandum of law dated September 5, 2014, and all trial exhibits referred to therein by a date certain.

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

ORDERED that the branch of the motion which is, in effect, for a reconstruction hearing with respect to the trial exhibits referred to in the respondent's posttrial memorandum of law dated September 5, 2014, is granted, and the matter is remitted to the Supreme Court, Nassau County, for a reconstruction hearing as to the trial exhibits referred to in the respondent's posttrial memorandum of law dated September 5, 2014; the appellant shall immediately advise this Court after the reconstruction hearing is completed; and it is further,

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

DILLON, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court