| Grovick Properties, LLC v 83-10 Astoria Boulevard, LLC |
| Motion No: 2012-04306 |
| Slip Opinion No: 2013 NY Slip Op 75435(U) |
| Decided on May 30, 2013 |
| 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
M157159
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2012-04306 Grovick Properties, LLC, appellant, v 83-10 Astoria Boulevard, LLC, et al., respondents. (Index No. 600794/10)
| DECISION & ORDER ON MOTION |
Motion by 83-10 Astoria Boulevard, LLC, and others to strike stated portions of the appellant's reply brief on an appeal from an order of the Supreme Court, Nassau County, dated February 27, 2012, on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the material beginning on page 6 with the words "That last email'" and ending with the words "submitted simultaneously herewith" as well as footnote 4 on page 6 are stricken, and on or before June 13, 2013, the appellant shall delete the stricken material from the copies of the reply brief filed with the Clerk of the Court, or serve and file a replacement reply brief which does not contain the stricken material.
RIVERA, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court