Bergstol v. Town of Monroe

Motion by the respondent on an appeal from an order of the Supreme Court, Orange County, dated June 10, 2002, to strike the appellant’s brief or those portions thereof that allegedly refer to matter dehors the record. By decision and order of this Court dated January 16, 2003, the motion was held in abeyance and was referred to the Justices hearing the appeal for determination upon argument or submission thereof.

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

Ordered that the motion is denied.

*350It is axiomatic…