| Brooklyn Imaging, P.C. As Assignee of Rason Mack v Progressive Ins. Co. |
| Motion No: 2010-01299 ric |
| Slip Opinion No: 2011 NY Slip Op 73087(U) |
| Decided on May 12, 2011 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Brooklyn Imaging, P.C. as Assignee of Rason Mack, Respondent v Progressive Insurance Company, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Richmond County, dated November 19, 2009, to strike respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
It is noted that this court will not consider any matter that is dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
ENTER:
Paul Kenny
Chief Clerk