| Winters Bros. Recycling Corp. v Bill Tabert Doing Bus. As Super Sudz |
| Motion No: 2009-01984 sc |
| Slip Opinion No: 2010 NY Slip Op 74682(U) |
| Decided on June 14, 2010 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Winters Bros. Recycling Corp., Appellant, v Bill Tabert Doing Business as Super Sudz, Respondent. |
Motion by appellant to strike the respondent's brief on an appeal from a judgment of the District Court of Suffolk County, Third District, entered April 23, 2009.
Upon the papers filed in support of the motion and no papers filed in opposition thereto, it is,
ORDERED that the motion is denied.
We note that in determining the instant appeal, this court will not consider matters dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
ENTER:
Angela G. Iannacci
Associate Justice