Appellate Division: Second Judicial Department

M108183

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-07574 Frank Sicoli, et al., appellants, v Homayoun Nazarian Sasson, etc., et al., respondents. (Index No. 6236/05)

DECISION & ORDER ON MOTION

Separate motions by the respondents Homayoun Nazarian Sasson and H. Sasson and the respondent North Shore University Hospital to strike the appellants' reply brief on an appeal from an order of the Supreme Court, Nassau County, dated June 29, 2009, on the ground that it refers to matter dehors the record.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted to the extent that the following material is stricken from the reply brief and will not be considered in the determination of the appeal, and the motions are otherwise denied:

(1) the first full sentence on page 3 beginning with the words "to elaborate" and ending with the words "on here";

(2) the paragraph beginning on page 3 with the words "Respondent then" and ending on page 4 with the words "automatic dismissal"; and

(3) the first sentence of the first full paragraph on page 4 beginning with the words "We recognize" and ending with the words "of the case."

MASTRO, J.P., FLORIO, DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court