| Matter of Allstate Insurance Company v Doyle |
| Motion No: 2008-09324 |
| Slip Opinion No: 2009 NY Slip Op 70436(U) |
| Decided on April 23, 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
M85598
E/cb
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2008-09324, 2008-10229 In the Matter of Allstate Insurance Company appellant, v Stephen G. Doyle, respondent. (Index No. 1829/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated September 15, 2008, and October 16, 2008, to strike stated portions of the respondent's brief on the ground that they are 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 to the extent that the last paragraph on page 6 beginning with the words "Arbitration was held" and ending with the words "the limits of the SUM policy" is stricken and on or before May 7, 2009, the respondent shall remove the stricken material from the copies of the respondent's brief filed with the Clerk of the court or serve and file a replacement brief that does not contain the stricken material, and the motion is otherwise denied.
RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court