| Nurse v Figeroux & Associates |
| Motion No: 2006-08338 |
| Slip Opinion No: 2007 NYSlipOp 73318(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
M56971
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON, JJ.
|
2006-08338 Benjamin Nurse, respondent, v Figeroux & Associates, et al., appellants. (Index No. 26848/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated July 25, 2006, on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to strike stated portions of the record and the appellants' brief is granted to the extent that the record on appeal and the appellants' brief are stricken, and on or before August 10, 2007, the appellants shall serve and file a replacement brief and record on appeal that contains or refers only to the papers submitted to the Supreme Court, Kings County, in connection with the appellants' motion to vacate; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., SPOLZINO, KRAUSMAN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court