Derago v Ko
Motion No: 2015-05297
Slip Opinion No: 2016 NY Slip Op 67376(U)
Decided on March 17, 2016
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

M208317

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-05297, 2015-10564

Margaret S. Derago, respondent,

v Wilson Ko, appellant.

(Index No. 5544/14)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's brief on appeals from two orders of the Supreme Court, Nassau County, dated April 16, 2015, and September 24, 2015, respectively, on the ground that they refer to matter dehors the record. Cross motion by the appellant for an award of costs and an attorney's fee

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 and the cross motion are denied.

CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court