Matter of Samuel v Alexander
Motion No: 2009-02670
Slip Opinion No: 2009 NY Slip Op 88069(U)
Decided on November 6, 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

M94080

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2009-02670

In the Matter of Bernard Samuel, appellant,

v George Alexander, etc., respondent.

(Index No. 6262/08)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondent's brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated January 31, 2009.

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 and the Clerk of the court, or his designee, shall correct the first sentence of the first full paragraph on page 3 of the respondent's brief to read as follows: "The Commissioners also discussed Samuel's disciplinary record, noting that he had been convicted of two Tier II disciplinary infractions and one Tier III infraction."

FISHER, J.P., COVELLO, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court