Opinion
Submitted May 20, 1999
July 26, 1999
DECISION ORDER ON MOTION
Cross motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, dated May 5, 1998, and September 30, 1998, respectively, inter alia, to dismiss the appeal from the order dated September 30, 1998, on the ground, inter alia, that no appeal lies from an order denying reargument, and to strike the appellant's record and brief, or to strike portions of the appellant's record and brief on the ground that they contain or refer to matter dehors the record. By decision and order on motion of this court dated February 3, 1999, those branches of the cross motion which were to dismiss the appeal from the order dated September 30, 1998, and to strike the record and brief of the appellant, or to strike portions of the record and brief, were held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Upon the papers filed in support of the cross motion, the papers filed in opposition thereto, and upon the submission of the appeals, it is
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated September 30, 1998, is denied as academic in light of the determination on appeal ( see, Cross Sound Ferry Servs. v. Town of Southold, ___ A.D.2d ___ [decided herewith]); and it is further,
ORDERED that the branch of the cross motion which is to strike portions of the appellant's record and brief is granted to the extent that pages 269 through 302 of the record on appeal, and any references thereto contained in the brief, are stricken and have not been considered in the determination of the appeal; and it is further,
ORDERED that the cross motion is otherwise denied.
S. MILLER, J.P., SANTUCCI, SCHMIDT, and SMITH, JJ., concur.