98-100 Ave C

Motion No: 570142/10

Slip Opinion No: 2010 NY Slip Op 70120(U)

Decided on April 30, 2010

Appellate Term, First 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.

April 30, 2010

98-100 Ave C

It is Ordered that the petitioner's motion is granted to the extent of directing the Clerk of the Court to delete pages 35 to 38 from the record on appeal. The affidavits of Doris and Michael Cambridge, both dated December 8, 2009, are not a proper part of the record on an appeal that pertains to a Civil Court order dated October 15, 2009. The original file of the New York Civil Court will be transferred to this Court. The petitioner's answering briefs are to be served and filed by May 11, 2010, along with any exhibits in its possession. Reply briefs, if any, are to be served and filed by May 18, 2010.

By: McKeon, P.J., Shulman, Hunter, Jr., J.J.

Motion No. 570142/10