| Encarnacion v Smith |
| Motion No: 2009-02887 |
| Slip Opinion No: 2009 NY Slip Op 88212(U) |
| Decided on November 10, 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
M94253
E/sl
WILLIAM F. MASTRO, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2009-02887 Jessica Encarnacion, respondent, v Kristine M. Smith, et al., defendants, GC Alarm, Inc., et al., appellants. (Index No. 39936/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the respondent's brief on an appeal from an order of the Supreme Court, Kings County, dated February 13, 2008, on the ground that it contains matter dehors the record and to impose a sanction upon the respondent.
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 footnotes 3 and 4 on pages 7 and 8 of the respondent's brief are stricken and the motion is otherwise denied; and it is further,
ORDERED that the on or before November 20, 2009, the appellants 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.
MASTRO, J.P., BELEN, HALL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court