Aurora Loan Services v Grant
Motion No: 2008-05786
Slip Opinion No: 2009 NY Slip Op 72261(U)
Decided on May 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M86500

E/cb

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2008-05786

Aurora Loan Services, respondent,

v Philip Grant, appellant, et al., defendant.

(Index No. 43363/07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated May 29, 2008, to strike the appellant's replacement brief on the ground that it refers to matter dehors the record and to dismiss the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SPOLZINO, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court