| 80-02 Leasehold, LLC v CM Realty Holdings Corp. |
| Motion No: 2012-07584 |
| Slip Opinion No: 2014 NY Slip Op 63512(U) |
| Decided on February 11, 2014 |
| 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
M169466
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-07584 80-02 Leasehold, LLC, appellant-respondent, v CM Realty Holdings Corp., defendant, Gotham Asset Locators Fund, Inc., et al., respondents, Mark Scheiner, et al., respondents-appellants. (Index No. 17691/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant Simon Auerbacher to strike stated portions of the brief of the respondent-appellant Mark Scheiner on an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated June 26, 2012, on the ground they refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the words "by Scheiner to Auerbacher, (who was negotiating the lease), and" contained in the first sentence of the first paragraph on page 6 are stricken, and on or before March 7, 2014, the respondent-appellant Mark Scheiner shall either remove the stricken material from the copies of the briefs filed with the Clerk of the Court or serve and file replacement briefs that do not contain the stricken material, and the motion is otherwise denied.
SKELOS, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court