Appellate Division: Second Judicial Department

M47124

Y/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2006-04883 Village of Croton-on-Hudson, respondent- appellant, v Northeast Interchange Railway, LLC, et al., appellants-respondents. (Index No. 05-22176)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered April 27, 2006, to strike certain portions of the briefs of the appellants-respondents on the ground that they refer to material dehors the record, and separate cross motions by the appellants-respondents, inter alia, to take judicial notice of certain facts.

Upon the papers filed in support of the motion and cross motions and the papers filed in opposition and relation thereto, it is

ORDERED that the motion is granted; on or before December 6, 2006, the appellants-respondents shall remove from all copies of the briefs on file with this court the following material:

(1) From the brief of the appellant-respondent Greentree Realty, LLC, (a) on page 4, last paragraph the words, beginning with "it is hard to imagine" and ending with "rail lines to the West;"(b) on page 4, footnote 3; and (c) on page 8, footnote 6;

(2) From the brief of the appellant-respondent Northeast Interchange Railway, LLC, on page 3, first full paragraph, the third sentence, beginning with the words "Specifically, New York State" through page 4, first line, ending with the words "and freight trains";

and it is further,

ORDERED that the cross motions are denied.

ADAMS, J.P., RITTER, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court