Weon Seog Kim v Asiana Elevator Maintenance, LLC
Motion No: 2005-09208 +1
Slip Opinion No: 2006 NYSlipOp 75897(U)
Decided on September 15, 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

M44534

A/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2005-09208, 2006-02594

Weon Seog Kim, a/k/a David Kim,

a/k/a Davey Kim, respondent,

v Asiana Elevator Maintenance, LLC,

et al., appellants, et al., defendant.

(Index No. 12744/05)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated August 22, 2005, and February 2, 2006, respectively, to strike portions of 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 held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

MILLER, J.P., GOLDSTEIN, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court