| Deutsche Bank Company of California, N.A. v DePalo |
| Motion No: 2005-06620 +1 |
| Slip Opinion No: 2006 NYSlipOp 72291(U) |
| Decided on July 19, 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. |
Appellate Division: Second Judicial Department
M42247
E/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-06620, 2006-00177 Deutsche Bank Company of California, N.A., etc., appellant, v Steven G. DePalo, et al., defendants; Yacht Club Realty Corp., nonparty- respondent.
(Index No. 10667-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, dated May 17, 2005, and December 6, 2005, inter alia, to strike pages A1 through A45, A89 through A108, and A439 through A441 of the appendix on the ground that they contain 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 branch of the motion which is to strike pages A1 through A45, A89 through A108, and A439 through A441 of the appendix on the ground that they contain matter dehors the record is granted, and on or before August 2, 2006, the appellant shall delete or remove the stricken material from the copies of the appendix filed with the Clerk of this court, or serve and file a replacement appendix that does not contain the stricken material; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court