| Madeline Lee Bryer, P.C. v Samson Equities, LLC |
| Motion No: 2006-05983 |
| Slip Opinion No: 2007 NYSlipOp 63125(U) |
| Decided on February 14, 2007 |
| 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
M50782
E/sl
HOWARD MILLER, J.P.
ROBERT A. SPOLZINO
GLORIA GOLDSTEIN
WILLIAM E. McCARTHY, JJ.
|
2006-05983 Madeline Lee Bryer, P.C., et al., appellants, v Samson Equities, LLC, respondent. (Index No. 23517/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated April 4, 2006, to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record, and cross motion by the respondent to strike the record on appeal on the ground that the transcript was not settled and to strike the appellants' brief on the ground that it refers to matter dehors the record and to enlarge the record on appeal.
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 cross motion which is to strike the record on appeal on the ground that the transcript was not settled is denied; and it is further,
ORDERED that the branches of the cross motion which are to strike the appellants' brief on the ground that it refers to matter dehors the record and to enlarge the record on appeal and the motion to strike stated portions of the respondent's brief are referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MILLER, J.P., SPOLZINO, GOLDSTEIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court