Opinion
Argued January 18, 2000
February 28, 2000
DECISION ORDER ON MOTION
Motion by the respondent on an appeal from an order of the Supreme Court, Richmond County, dated October 28, 1998, inter alia, to strike points I, II, and III of the appellants' brief on the ground that they refer to matters dehors the record and to strike those portions of the appeal that are not properly before this court. By decision and order dated September 28, 1999, that branch of the motion which was to strike points I, II, and III of the appellants' brief and strike those portions of the appeal that are not properly before this court was held in abeyance and referred to the Justices hearing the appeal for a determination upon the argument or submission thereof.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that that branch of the motion which was to strike points I, II, and III of the brief is denied; and it is further,
ORDERED that that branch of the motion which was to strike those portions of the appeal which are not properly before this court is denied as academic in light of the determination of the appeal.
THOMPSON, J.P., SULLIVAN, KRAUSMAN, and SMITH, JJ., concur.