Matter of Schoen v City of New York
Motion No: 2009-09385
Slip Opinion No: 2011 NY Slip Op 74230(U)
Decided on May 31, 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

M120845

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-09385

In the Matter of Helene Schoen, appellant,

v City of New York, respondent.

(Index No. 15233-09)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated August 21, 2009, to strike the appellant's reply brief on the ground that it refers 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 reply brief is stricken, and on or before June10, 2011, the appellant may serve and file a replacement reply brief that does not refer to matter dehors the record.

RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court