Matter of Green Materials of Westchester v Town of Cortland
Motion No: 2013-07002
Slip Opinion No: 2015 NY Slip Op 61716(U)
Decided on January 21, 2015
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

M186178

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

BETSY BARROS, JJ.

2013-07002

In the Matter of Green Materials of Westchester,

et al., respondents, v Town of Cortlandt, et al.,

appellants.

(Index No. 12-3240)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Westchester County, dated May 6, 2013, inter alia, to strike stated portions of the record, the appellants' brief, and the appellants' reply brief on the ground that they contain or 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 branch of the motion which is to strike stated portions of the record, the appellants' brief, and the appellants' reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., RIVERA, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court