Appellate Division: Second Judicial Department

M266184

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2018-14611 John Tucker, appellant-respondent, v Schwartzapfel Lawyers, P.C., etc., defendants; Greenberg & Wilner, LLP, nonparty-respondent- appellant. (Action No. 1) Richard Sabatino, appellant-respondent, v Schwartzapfel Lawyers, P.C., etc., defendants; Greenberg & Wilner, LLP, nonparty-respondent- appellant. (Action No. 2) (Index Nos. 601645/13, 601646/13)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent-appellant to strike a portion of the appellants-respondents' reply brief on an appeal from an order of the Supreme Court, Nassau County, entered December 5, 2018, or, in the alternative, for leave to serve and file a supplemental record containing certain documents.

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, for a reconstruction hearing as whether Trial Exhibit C included copies of bills and receipts, and, if so, as to what those bills and receipts consisted of; and it is further,

ORDERED that the appellant shall serve a copy of this decision and order on motion upon the Supreme Court, Nassau County, and immediately apprise 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.

MASTRO, J.P., LEVENTHAL, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court