Merling v Ash Developement, LLC
Motion No: 2018-15134
Slip Opinion No: 2019 NY Slip Op 70825(U)
Decided on May 20, 2019
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

M262895

E/mm

LEONARD B. AUSTIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2018-15134

Esther Merling, appellant,

v Ash Developement, LLC, et al., respondents.

(Index No. 719085/18)

DECISION & ORDER ON MOTION

Motion by the respondent to strike pages 119 through 158 from the record on an appeal from an order of the Supreme Court, Queens County, dated December 24, 2018.

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, Queens County, to report on whether that court considered the material on pages 119 through 158 of the record, in connection with the motion that was determined by the order dated December 24, 2018; the Supreme Court, Queens County, shall file its report to this Court with all convenient speed; and it is further,

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

AUSTIN, J.P., LEVENTHAL, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court