Opinion
Submitted June 24, 1999
October 12, 1999
Appeal by the petitioner from an order of the Supreme Court, Dutchess County (Bellantoni, J.).
ORDERED that the order is affirmed, with costs, for reasons stated by Justice Bellantoni at the Supreme Court.
DECISION ORDER ON MOTION
Motion by the respondent on an appeal from an order of the Supreme Court, Dutchess County, dated June 24, 1998, to dismiss the appeal or to strike the appellant's appendix on the ground that it contains matter dehors the record, and for costs and sanctions. By decision and order on motion of this court dated March 9, 1999, the motion was held in abeyance and was 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 motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that those portions of the appellant's appendix consisting of documents not recited by the Supreme Court in its June 24, 1998, order as having been considered by the court and all references thereto in the appellant's brief are stricken; and it is further,
ORDERED that the motion is otherwise denied.
BRACKEN, J.P., O'BRIEN, SANTUCCI, and GOLDSTEIN, JJ., concur.