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JAMES O'LOUGHLIN, ETC., ET AL., respondents, v. WILLIAM BUTLER, ET AL., appellants.

DECISION ORDER ON MOTION

Motion by the plaintiffs on an appeal from a judgment of the Supreme Court, Queens County, dated April 26, 2002, to strike portions of the defendants' reply brief on the ground that they refer to matter dehors the record. By decision and order on motion of this court dated May 15, 2003, the motion was held in abeyance, and was referred to the Justices hearing the appeal for determination upon the argument or submission of thereof.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and the argument of the appeal, it is,

ORDERED that the motion is granted, and those portions of the reply brief identified in the moving papers as referring to matter dehors the record are deemed stricken and have not been considered on appeal.

ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.

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O'LOUGHLIN v. BUTLER, 2002-04682 [2d Dept 2003
(Dec 15, 2003)