Stintion v Robin's Wood, Inc.
Motion No: 2004-09363
Slip Opinion No: 2006 NYSlipOp 68401(U)
Decided on May 8, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39348

O/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2004-09363

Joyce Stintion, etc., respondent,

v Robin's Wood, Inc., appellant.

(Index No. 2563/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, Supreme Court, to strike the appellant's brief on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is granted, and the appellant's brief is stricken; and it is further,

ORDERED that on or before June 8, 2006, the appellant shall serve and file a replacement brief which does not refer to the papers submitted on connection with the motion for

reargument; and it is further,

ORDERED on or before July 10, 2006, the respondent shall serve and file her brief

MILLER, J.P., LUCIANO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court