| Witter v Daire |
| Motion No: 2009-05333 |
| Slip Opinion No: 2010 NY Slip Op 65123(U) |
| Decided on March 10, 2010 |
| 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
M99588
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2009-05333, 2009-07862 Sidney Waldon Witter, respondent, v Mourad Daire, appellant. (Index No. 08-6004)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss on appeals from two orders of the Supreme Court, Westchester County, dated April 23, 2009, and August 5, 2009, respectively, on the ground that the record on appeal and brief contain or refer to matter dehors the record.
ORDERED that the motion is granted to the extent that the record on appeal and the appellant's brief are stricken and on or before April 12, 2010, the appellant shall serve and file a replacement record on appeal and brief that contain or refer only to material filed with the Supreme Court, Westchester County, that resulted in the orders appealed from and the motion is otherwise denied.
MASTRO, J.P., MILLER, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court