Matter of Chi-Am Realty, LLC v Guddahl
Motion No: 2005-05467
Slip Opinion No: 2006 NYSlipOp 71654(U)
Decided on July 5, 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

M41670

C/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2005-05467

In the Matter of Chi-Am Realty, LLC, respondent,

v Robert Guddahl, et al., appellants.

(Index No. 98167/02)

DECISION & ORDER ON MOTION

Motion by the appellant Robert Guddahl on an appeal from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated March 1, 2005, to strike certain material from the respondent's brief on the ground that it refers to matters 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 referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court