Town of Eastchester v Shawn's Lawns, Inc.
Motion No: 2006-10274
Slip Opinion No: 2007 NYSlipOp 79016(U)
Decided on September 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M59893

E/nl

STEPHEN G. CRANE, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2006-10274, 2007-01947

Town of Eastchester, et al., appellants, v

Shawn's Lawns, Inc., et al., respondents,

et al., defendants

(and a third-party action).

(Index No. 09530/05)

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondents' brief on appeals from two orders of the Supreme Court, Westchester County, entered October 13, 2006, and January 31, 2007, respectively, on the ground that they refer to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

CRANE, J.P., LIFSON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court