| Collazo v Metropolitan Suburban Bus Authority |
| Motion No: 2008-11534 |
| Slip Opinion No: 2009 NY Slip Op 71824(U) |
| Decided on May 7, 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
M86244
E/cb
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2008-11534
Joehau Collazo, respondent, v Metropolitan Suburban Bus Authority, et al., appellants, et al., defendants.
(Index No. 14223/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellants' appendix on an appeal from an order of the Supreme Court, Nassau County, entered December 10, 2008, on the ground that it contains matter dehors the record and to direct the appellant to file a supplemental appendix containing the respondent's memorandum of law dated July 22, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the appellants' appendix is denied; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to file a supplemental appendix containing the respondent's memorandum of law dated July 22, 2007, is denied without prejudice to the respondent filing an appendix containing that document on or before May 20, 2009.
MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court