Jackson v Yam Holding Corp.
Motion No: 2011-09061
Slip Opinion No: 2012 NY Slip Op 64704(U)
Decided on February 17, 2012
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

M133209

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-09061

Leroy Jackson, et al., appellants,

v Yam Holding Corp., et al., respondents.

(Index No. 30140/09)

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Queens County, dated August 9, 2011, on the ground that they improperly raise unpreserved issues and 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.

RIVERA, J.P., ANGIOLILLO, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court