| Howe v Flatbush Presbyterian Church |
| Motion No: 2007-03465 |
| Slip Opinion No: 2007 NYSlipOp 73308(U) |
| Decided on July 10, 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
M56993
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON, JJ.
|
2007-03465 Ernest Howe, respondent, v Flatbush Presbyterian Church, etc., appellant. (Index No. 4301/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated March 28, 2007, to enlarge the record on appeal to include certain motion and cross motion papers, and to strike Point IV of the appellant's brief on the ground that it improperly raises a new argument for the first time on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the record on appeal is denied; and it is further,
ORDERED that the branch of the motion which is to strike Point IV of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., SPOLZINO, KRAUSMAN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court