Opinion
Motion No: 2011-00786 Index No. 785/08 M129464
11-30-2011
Frederick Waite, appellant, v. William King, et al., respondents.
, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent William King on an appeal from an order of the Supreme Court, Kings County, dated November 10, 2010, to strike pages 135 through 138 from the record on appeal, to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party or on the ground that the record on appeal is inadequate, or to direct the appellant to file a replacement record and to enlarge the time to serve and file a brief.
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, Kings County, to report on whether the court considered the affirmation of Andrew Hirschhorn, dated June 14, 2010, in determining the motion that resulted in the order dated November 10, 2010, and the motion is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
MASTRO, J.P., HALL, SGROI and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court