| Kopald v CCA Industries, Inc. |
| Motion No: 2016-07815 |
| Slip Opinion No: 2017 NY Slip Op 92144(U) |
| Decided on November 15, 2017 |
| 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
M241276
E/ct
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2016-07815 Deborah Kopald, respondent, v CCA Industries, Inc., appellant, et al., defendants. (Index No. 7886/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Orange County, dated June 14, 2016, on the grounds that the record and the appellant's brief do not comply with the CPLR and the record contains matter dehors the record, and for an award of costs, or, in the alternative, for leave to serve and file a supplemental record and to direct the appellant to pay the costs of the supplemental record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal and for an award of costs are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., CHAMBERS, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court