Appellate Division: Second Judicial Department

M176951

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2013-09725 Gail M. Everett, etc., et al., respondents, v Eastchester Police Department, et al., appellants, et al., defendant. (Index No. 10-27659)

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Westchester County, entered August 22, 2013, on the ground that they refer to matter dehors the record, or, in the alternative, to enlarge the record to include certain deposition testimony or for the Court to take judicial notice of the deposition testimony. Cross motion by the respondents to strike stated portions of the appellants' brief and the appellants' reply brief on the grounds that they refer to matter dehors the record and improperly raise issues for the first time on appeal, and to impose a sanction upon the appellants.

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 respondents' brief and the branch of the cross motion which is to strike stated portions of the appellants' brief and the appellants' reply brief are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion and cross motion are otherwise denied.

LEVENTHAL, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court