Appellate Division: Second Judicial Department

M37052

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-03065 Nu Li Lin, appellant, v New York City Housing Authority, respondent. (Index No. 29917/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated February 2, 2005, inter alia, to dismiss the appeal on the ground that the record on appeal contain matters dehors the record and the appellant's brief refers to that material, or, to strike pages 77 through 93, 96 through 125, and 127 through 138 of the record on appeal on the ground that those pages contain matters dehors the record, to strike portions of the appellant's brief, including pages 3, 4, 7, 8 and 10, which refer to matters dehors the record, or to direct the appellant to serve and filed a new record and brief which do not contain or refer to matters dehors the record, and to enlarge the time to serve and file a respondent's 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 it considered the following pages of the record in determining the motion which resulted in the order dated February 2, 2005: pages 77-93, 96-125, and 127-138, and the motion is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.

MILLER, J.P., CRANE, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court