Natoo v City of New York
Motion No: 2007-04848
Slip Opinion No: 2008 NYSlipOp 73819(U)
Decided on June 5, 2008
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

M71454

E/cb

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2007-04848, 2007-10306

Rupert Natoo, et al., respondents,

v City of New York, et al., appellants.

(Index No. 19014/99)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the main brief and the reply brief of the appellants New York City School Construction Authority, Board of Education, and Santa Fe Construction Corp. on appeals from an order of the Supreme Court, Queens County, dated April 16, 2007, and a judgment of the same court dated August 29, 2007, or, in the alternative, to strike stated portions of the reply brief, on the ground that the appellants' brief refers to matters 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.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court