Torres v City of New York
Motion No: 2010-04901
Slip Opinion No: 2011 NY Slip Op 79682(U)
Decided on August 2, 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

M123538

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-04901

Brandonlee Torres, etc., et al., appellants,

v City of New York, et al., respondents.

(Index No. 15295/07)

DECISION & ORDER ON MOTION

Motion by the respondent Tempositions, doing business as School Professionals, to strike Point III of the brief filed by the respondent Beginning with Children Charter School on an appeal from an order of the Supreme Court, Kings County, dated March 30, 2010, on the ground that is raises arguments not properly before this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court