Broadway & Berry Assoc. v Luisa Westerband
Motion No: 2010-00390 kc
Slip Opinion No: 2010 NY Slip Op 86493(U)
Decided on October 20, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-390 K C
Broadway & Berry Associates, Respondent, v
Luisa Westerband, Appellant.

Motion by appellant to submit a substitute brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 19, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied.

We note that appellant seeks to submit a substitute brief which contains matters that are outside the record on appeal. These matters cannot be considered by this court and must be submitted, in the first instance, to the Civil Court upon motion.

ENTER:

Paul Kenny

Chief Clerk