Bankers Trust Company of California, N.A. v Brunso
Motion No: 2006-01137
Slip Opinion No: 2006 NYSlipOp 80470(U)
Decided on November 24, 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

M46998

A/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-01137

Bankers Trust Company of California, N.A., etc.,

respondent, v Joan Brunson, appellant, et al.,

defendants.

(Index No. 7015/97)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated December 23, 2005, to strike points I and II of the appellant's main brief, and point II of the appellant's reply brief, on the ground that they raise issues not properly before this court and refer 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.

RITTER, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court