In the Matter of the Trust Made by Mary Xx. Linda A. Mc Call; Key Bank National Association as Trustee of the Trust Made by Mary Xx..

Motion No: 503186

Slip Opinion No: 2008 NYSlipOp 70870(U)

Decided on April 29, 2008

Appellate Division, Third 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.

Decided and Entered: April 29, 2008

Case # 503186

In the Matter of the Trust Made by MARY XX. LINDA A. MC CALL, Appellant; KEY BANK NATIONAL ASSOCIATION, as Trustee of the Trust Made by MARY XX., Respondent.

DECISION AND ORDER ON MOTION

Motion to strike supplemental record on appeal and all references thereto in respondent's brief.

Cross motion to treat supplemental record on appeal as exhibits or appendix to respondent's brief.

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

ORDERED that the motion is granted, without costs, and the supplemental record on appeal and all references thereto in respondent's brief are hereby deemed stricken, and it is further

ORDERED that the cross motion is denied, without costs.
CARDONA, P.J., SPAIN, CARPINELLO, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court