Lakeside Colony Condominium I v C.R. Wallauer & Co., I
Motion No: 2005-11486
Slip Opinion No: 2006 NYSlipOp 74406(U)
Decided on August 25, 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

M43757

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-11486

Lakeside Colony Condominium I, et al.,

respondents-appellants, v C.R. Wallauer

& Co., Inc., appellant-respondent.

(Index No. 04-20289)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered November 10, 2005, inter alia, to strike stated portions of the answering brief on the ground that it refers to matter dehor 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 denied.

MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court