Appellate Division: Second Judicial Department

M88867

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REINALDO E. RIVERA, J.P.

MARK C. DILLON

JOSEPH COVELLO

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2008-09248 Edward Davidson, et al., respondents, v Danny Valentin, et al., appellants. (Index No. 06-22542)

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondents's brief on an appeal from an order of the Supreme Court, Westchester County, entered September 8, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that and the following material is stricken:

(1) page 4, footnote 1;

(2) page 6, footnote 2

(3) page 11, the first and second sentence of the first full paragraph; and

(5) page 20, in the first sentence of the first full paragraph, the words "and have been found in criminal contempt for their willful defiance of the orders";

and the motion is otherwise denied; and it is further,

ORDERED that the Clerk of the court, or his designee, will remove the stricken material from the copies of the respondents's brief filed with this court, and the above material will not be considered on the determination of the appeal..

RIVERA, J.P., DILLON, COVELLO, ENG and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court