Osarczuk v Associated Universities, Inc.
Motion No: 2005-06126
Slip Opinion No: 2006 NYSlipOp 74516(U)
Decided on August 28, 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

M43771

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-06126

Barbara Osarczuk, et al., appellants, v

Associated Universities, Inc., etc., respondent.

(Index No. 2836-96)

DECISION & ORDER ON MOTION

Motion by the respondent to strike pages 3062 through 3063 from the record on an appeal from an order of the Supreme Court, Suffolk County, dated May 18, 2005, and all portions of the appellants' brief that refer to those pages on the ground that they contain or refer 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 held in abeyance and referred to the panel of justices hearing the appeal for determination upon the argument or submission of the appeal.

SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court