Appellate Division: Second Judicial Department

M82309

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-03701 In the Matter of Formica Construction, Inc., et al., respondents, v Jonathan Mintz, etc., et al., appellants. (Index No. 80357/07)

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Richmond County, dated March 17, 2008, 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 granted, and the following material is stricken from the respondents' brief:

(1) the second and third sentence of the first complete paragraph on page 5, beginning with the words "As such," and ending with the words "Respondent Kenneth Formica."

(2) the end of the first paragraph on page 6, beginning with the words "; however, a construction expert" and ending with the words "would not cave in";

and it is further,

ORDERED that on or before February 24, 2009, the respondents shall either delete or remove the stricken material from the copies of the brief filed with the Clerk of the court or serve and file replacement briefs that do not contain the stricken material.

SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court