| Willer v Kleinman |
| Motion No: 2012-11014 |
| Slip Opinion No: 2013 NY Slip Op 93547(U) |
| Decided on December 9, 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
M166576
E/ct
PETER B. SKELOS, J.P.
PLUMMER E. LOTT
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2012-11014 Justin Willer, et al., appellants, v Joseph Kleinman, et al., respondents. (Index No. 8270/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to strike stated portions of the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated October 10, 2012.
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 branch of the motion which is to strike stated portions of the appellants' brief is granted, the second paragraph on page 2, beginning with the words "Respondent has also" and ending with the words "respondent immediately accepted," and the last sentence on page 3, beginning with the words "Notwithstanding the fact" and ending with the words "or not," of the appellants' brief are stricken, the Clerk of the Court, or her designee shall remove the stricken material from the copies of the appellants' brief filed with the Clerk of the Court, and the stricken material shall net be considered in the determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court