| J.M. Builders & Associates, Inc. v Lindner |
| Motion No: 2008-07079 |
| Slip Opinion No: 2009 NYSlipOp 62336(U) |
| Decided on January 29, 2009 |
| 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
M81382
E/nl
STEVEN W. FISHER, J.P.
HOWARD MILLER
EDWARD D. CARNI
RUTH C. BALKIN, JJ.
|
2008-07079
J.M. Builders & Associates, Inc., respondent, v James A. Lindner, et al., appellants. (Index No. 13539-07)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated July 3, 2008, to strike pages RA1 through RA3 and RA7 through RA40 of the respondent's appendix on the ground that it contains 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court