| Great Financial Bank, FSB v Interdenominational Brother |
| Motion No: 2011-09450 |
| Slip Opinion No: 2012 NY Slip Op 85540(U) |
| Decided on September 27, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M144171
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2011-09450 Great Financial Bank, FSB, plaintiff, v Interdenominational Brotherhood, Inc., et al., defendants. (Action No. 1) Great Financial Bank, FSB, respondent, v Interdenominational Brotherhood, Inc., et al., defendants. (Action No. 2) Suvella Edwards Ogburn, plaintiff, Marvin Blake, et al., appellants, v Mount Moriah Church of God in Christ, et al., defendants. (Action No. 3) (Index Nos. 34909/96, 6/97, 12676/96) 2012-08375 Great Financial Bank, FSB, respondent, v Interdenominational Brotherhood, Inc., et al., defendants; Marvin Blake, et al., nonparty-appellants. (Index No. 6/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated July 7, 2011, inter alia, to strike stated portions of the record and the appellants' brief on the ground that they contain or refer to matter dehors the record. Cross motion by the appellants to enlarge the record on the appeal from the order dated July 7, 2011, to include certain material and to consolidate that appeal with an appeal from an order of the same court dated September 15, 2011.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the record and the appellants' brief filed in connection with the appeal from the order dated July 7, 2011, is granted, pages 283 through 1135 of the record and the appellants' brief are stricken, and on or before October 29, 2012, the appellants shall (1) remove the stricken material from the copies of the record filed with the Clerk of the Court or serve and file a replacement record and (2) serve and file a replacement brief that does not refer to the stricken material; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that cross motion is denied.
RIVERA, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court