| Griffin v Perrotti |
| Motion No: 2014-00244 |
| Slip Opinion No: 2014 NY Slip Op 76611(U) |
| Decided on June 30, 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
M176481
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
|
2014-00244 Thomas Griffin, respondent, v Geroge Perrotti, appellant. (Index No. 12-70095)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's brief on an appeal from an order of the Supreme Court, Westchester County, entered September 11, 2013, on the ground that it refers to matter dehors the record, and for an award of costs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the respondent's brief is granted, and on or before July 30, 2014, the respondent shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appellant's reply brief is stricken and the appellant shall serve and file a replacement reply brief in accordance with the rules of the Court (see 22 NYCRR 670.8[b]).
RIVERA, J.P., ROMAN, SGROI and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court