| Maignan v Nahar |
| Motion No: 2006-04492 |
| Slip Opinion No: 2006 NYSlipOp 81316(U) |
| Decided on December 6, 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. |
Appellate Division: Second Judicial Department
M47788
E/sl
THOMAS A. ADAMS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-04492 Eustache Maignan, et al., respondents, v Aynun Nahar, appellant. (Index No. 38049/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated April 17, 2006, inter alia, to strike pages 52 through 54 of the record on appeal and all references to those pages in the appellant's main brief and reply brief on the ground that they contain or refer to matter dehors the record, and to dismiss the appeal on the ground that the record on appeal does not contain a certain reply affirmation dated April 13, 2006. Cross motion by the appellant, inter alia, to enlarge the record on appeal to include a certain three-page report of Top Flight Investigations dated October 14, 2005.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike pages 52 through 54 of the record on appeal and all references in the appellant's main brief and reply brief on the ground that they contain or refer to matter dehors the record is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record does not contain the reply affirmation dated April 13, 2006, is denied as that affirmation is contained in the record on appeal at pages 51.1 through 51.3; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the record on appeal to include a certain three-page report of Top Flight Investigations dated October 14, 2005, is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the cross motion is otherwise denied.
ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court