Yauchler v. Serth

PETERS

Motion to compel full record on appeal.

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

ORDERED that the motion is granted, without costs, only to the extent that appellant shall file and serve a supplemental record on appeal on or before September 9, 2013 that shall include the unsworn affirmation with exhibits referred to at page 3 of respondent's brief and at pages 2 through 3 of appellant's reply brief. It is noted that the argument as to whether the papers in the supplemental record should have been accepted by the court of original instance is before this Court for its consideration upon the appeal.

PETERS, P.J., McCARTHY, SPAIN and EGAN JR., JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court