| Abakporo v Daily News |
| Motion No: 2011-00082 |
| Slip Opinion No: 2011 NY Slip Op 85481(U) |
| Decided on September 30, 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
M126660
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2011-00082, 2011-01604 Eric Abakporo, appellant, v Daily News, et al., respondents. (Index No. 10699/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike stated portions of the supplemental record and the respondents' brief on appeals from two orders of the Supreme Court, Kings County, dated November 19, 2008, and November 18, 2010, respectively, on the ground that they contain or refer to matter dehors the record. Cross motion by the respondents Daily News, William Sherman, and Andrew Theodorakis to impose a sanction upon the appellant, and for an award of costs and expenses.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied with $100 costs; and it is further,
ORDERED that the cross motion is granted to the extent that costs are awarded in the amount indicated and the cross motion is otherwise denied.
SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court