| Campone v Pisciotta Services, Inc. |
| Motion No: 2010-05542 |
| Slip Opinion No: 2011 NY Slip Op 71912(U) |
| Decided on May 5, 2011 |
| Appellate Division, 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 Division: Second Judicial Department
M119573
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
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2010-05542 DECISION & ORDER ON MOTION Joseph Campone, et al., respondents, v Pisciotta Services, Inc., et al., appellants, et al., defendant (and a third party action). (Index No. 6856/07)
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Motion by the appellants on an appeal from an order of the Supreme Court, Dutchess County, dated April 22, 2010, to strike stated portions of the respondents' brief on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the second paragraph and footnote one on page 3 of the respondents' brief are stricken, and on or before May 19, 2011, the respondents shall remove the stricken material from the copies of the respondents' brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material.
ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court