Opinion
Motion No: 2011-05777 2011-06653 Index No. 5400/08 M132920
02-07-2012
In the Matter of Bert Wohl, etc., petitioner- respondent, v. Ernest Fequiere, respondent, Lourdes Marie Dorce, appellant.
, J.P.
RANDALL T. ENG
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated November 29, 2011, in the above-entitled matter is recalled and vacated and the following decision and order on motion is substituted therefor:
2011-05777 DECISION & ORDER ON MOTION
In the Matter of Bert Wohl, etc., petitioner- respondent, v. Ernest Fequiere, respondent, Lourdes Marie Dorce, appellant.
(Index No. 5400/08)
Motion by appellant on an appeal from an order of the Supreme Court, Queens County, August 3, 2010, (1) to recall and vacate so much of the decision and order on motion of this Court dated September 2, 2011, as directed her to remove pages 33 through 44 and pages 293 through 330 from the copies of the record on appeal on file with this Court, or serve and file a replacement record which does not contain that material, and (2) for leave to serve and file a supplemental record.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this Court dated September 2, 2011, as directed the appellant to remove pages 33 through 44 and pages 293 through 330 from the copies of the record on appeal on file with this Court, or serve and file a replacement record which does not contain that material is vacated; and it is further,
ORDERED that on or before December 30, 2011, the appellant shall serve and file a supplemental record containing the photograph and transcript annexed to the appellant's motion papers as Exhibit C.
DILLON, J.P., ENG, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court