St. Vincent's Hospital & Medical Center, a/a/o Rockeya
Motion No: 2005-11540
Slip Opinion No: 2006 NYSlipOp 72317(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42275

A/sl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-11540

St. Vincent's Hospital & Medical Center,

a/a/o Rockeya Begum, respondent, v Allstate

Insurance Company, appellant.

(Index No. 4572/05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated November 3, 2005, to strike portions of 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 held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court