Steiner v. Braitman ( 1960 )

Motion unanimously granted and the defendant-appellant is directed to resettle the papers on appeal so as to strike therefrom all papers which are not recited in the order appealed from, with leave, however, to the defendant-appellant, if he be so advised, to move at Special Term to resettle the order appealed from so as to recite any additional papers which were considered by the court in deciding the motion. Concur — Botein, P. J., Breitel, McNally and Stevens, JJ.