| Tim Tom, As Preliminary Ex'r of Estate of Mery Su Ling Chin v Joan Tom |
| Motion No: 2012-02708 qc |
| Slip Opinion No: 2013 NY Slip Op 74865(U) |
| Decided on May 13, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Tim Tom, as Preliminary Executor of the Estate of Mery Su Ling Chin, Respondent, v Joan Tom, Appellant, et al., Undertenants. |
Motion by respondent on an appeal from a final judgment of the Civil Court of the City of New York, Queens County, dated August 31, 2012, to strike portions of the appendix to the appellant's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
It is noted that in the absence of an applicable exception to the rule (see e.g. Bravo v Terstiege, 196 AD2d 473, 476 [1993]), this court will not consider any matter that is dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
ENTER:
Paul Kenny
Chief Clerk