Scholar v Timinisky
Motion No: 2010-10242
Slip Opinion No: 2011 NY Slip Op 74130(U)
Decided on May 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M120364

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-10242

Shlomo Scholar, appellant,

v Shoshana Timinisky, respondent.

(Index No. 7584/07)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on an appeal from an order of the Supreme Court, Queens County, dated September 9, 2010, for failure to serve the brief on the appellant's counsel, or to strike stated portions of the respondent's brief on the ground that they 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 denied.

MASTRO, J.P., DICKERSON, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court