Appellate Division: Second Judicial Department

M55442

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-10212 In the Matter of Atlantic Ready Mix, Inc., et al., appellants, v John Macedo, etc., et al., respondents. (Index No. 20621/05)

DECISION & ORDER ON MOTION

Motion by the respondents John Macedo, Richard Kotowski, William Grimm, John Carway, and Carl Marchese on an appeal from a judgment of the Supreme Court, Nassau County, entered October 3, 2006, to strike stated portions of the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record.

Upon the papers filed in support of the motion and no papers having been in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pages 386 through 396 are stricken from the record on appeal; and it is further,

ORDERED that the following material is stricken from the appellant's brief:

(1) on page 9 starting with the last paragraph, through the end of the first paragraph on page 10;

(2) on page 13 starting with the last line through the second line on page 14;

(3) the third full paragraph on page 18; and it is further,

ORDERED that on or before June 19, 2007, the appellant shall delete or remove the stricken material from the copies of the record and brief on file with the Clerk of this court.

RIVERA, J.P., FLORIO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court