| Machlouzarides, Costas v Brewster, Alden, et al. |
| Motion No: 570140/08 |
| Slip Opinion No: 2008 NYSlipOp 70234(U) |
| Decided on April 29, 2008 |
| Appellate Term, First 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. |
April 29, 2008
Machlouzarides, Costas v Brewster, Alden, et al.
It is Ordered that the motion to permit the filing of a supplemental record on appeal with material that was neither submitted to, nor considered by, the trial court is denied. The appeal is adjourned to the September 2008 term to afford the appellant an opportunity to submit a modified / corrected brief by June 30, 2008, if so advised. The cross-motion to strike portions of the appellant's brief is denied, without prejudice to raising the issue in the answering briefs on the appeal in the event the appellant fails to submit new briefs by June 30, 2008. [ cal # 08-146]
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570140/08