| New York City Hous. Auth. (south Jamaica Houses) v Thomas Jackson |
| Motion No: 2005-01082 kc |
| Slip Opinion No: 2006 NYSlipOp 69914(U) |
| Decided on May 30, 2006 |
| Appellate Term, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| NEW YORK CITY HOUSING AUTHORITY (SOUTH JAMAICA HOUSES), Respondent, -against- THOMAS JACKSON, Appellant. |
DECISION
Motion by tenant-appellant to strike landlord-respondent's brief granted. Cross motion by landlord-respondent to enlarge the record on appeal and for other relief granted only to the extent that landlord-respondent is granted leave to serve and file a new respondent's brief within 14 days of the date of the order hereon which does not incorporate any dehors-the-record materials, and cross motion otherwise denied. Tenant-appellant, if he be so advised, may serve and file a supplemental reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this order.
Landlord-respondent's brief is stricken because it is replete with dehors-the- record material which cannot effectively be disregarded. The cross motion for enlargement of the record is denied because such relief is inappropriate in the circumstances presented. In the exercise of discretion, landlord-respondent is granted leave to file a new respondent's brief, which brief shall not make reference to dehors-the-record matters.