125 Ct. St., LLC v Yolande Nicholson
Motion No: 2018-01974 KC
Slip Opinion No: 2019 NY Slip Op 87189(U)
Decided on December 20, 2019
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, J.P.

MICHAEL L. PESCE

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-1974 K C
125 Court Street, LLC, Respondent, v Yolande Nicholson, Appellant, et al., Undertenants.

Application by appellant to supplement the record on an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 18, 2018, which order denied the branch of appellant's motion seeking, in effect, leave to renew her prior motion to vacate two so-ordered stipulations of settlement and a final judgment of that court (Anthony J. Fiorella, Jr., J.) entered pursuant thereto on June 10, 2010, which prior motion had been denied in an order of that court (Anthony J. Fiorella, Jr., J.) entered May 20, 2011, to include copies of the motion and cross motion papers giving rise to the May 20, 2011 order.

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

ORDERED that the application is granted.

Inasmuch as the papers sought to be included in the record on appeal were before this court on two prior appeals and are now missing from the Civil Court's file, and as respondent's counsel does not specifically dispute the accuracy of the papers, which include the Civil Court's stamps, appellant's application is granted.

ALIOTTA, J.P., PESCE and ELLIOT, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk