| Parker Yellowstone, L.P. v Harold Chetrick |
| Motion No: 2014-00348 QC |
| Slip Opinion No: 2014 NY Slip Op 92479(U) |
| Decided on December 5, 2014 |
| 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
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Parker Yellowstone, L.P., Respondent-Appellant, v Harold Chetrick, Appellant-Respondent. |
Motion by appellant-respondent on an appeal and cross appeal from a final judgment of the Civil Court of the City of New York, Queens County, dated October 2, 2013, to dismiss the cross appeal as untimely perfected, to strike respondent-appellant's reply brief, and to strike portions of respondent-appellant's brief as dehors the record on appeal.
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 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