Roger Mccormick et - v William Favreau et and James Carter -.

Motion No: 509796

Slip Opinion No: 2010 NY Slip Op 82593(U)

Decided on September 16, 2010

Appellate Division, Third 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.

Decided and Entered: September 16, 2010

Case # 509796

ROGER MCCORMICK et al., Appellants- Respondents, v WILLIAM FAVREAU et al., Respondents, and JAMES CARTER, Respondent- Appellant.

DECISION AND ORDER ON MOTION

Motion to strike portions of record on appeal.

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

ORDERED that the motion is granted, without costs, to the extent the following pages of the record on appeal and all references thereto in the brief of appellants-respondents are stricken: 40-45, 47-52, 674-699, 787-809, 850-1016, 1021-1030 and 1035. Appellants-respondents shall file and serve a corrected brief and record on appeal on or before October 18, 2010. In the event appellants- respondents intend to file the transcript of the oral argument held on May 15, 2009 it must be included in the corrected record on appeal.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court