Parietti v Wal-Mart Stores, Inc.
Motion No: 2014-11857
Slip Opinion No: 2015 NY Slip Op 67255(U)
Decided on March 17, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189202

S/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-11857

Dolores Parietti, et al., respondents,

v Wal-Mart Stores, Inc., et al., appellants,

et al., defendant.

(Index No. 26562/11)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated September 23, 2014, to strike portions of the appellants' brief on the ground that it refers 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, the first full paragraph of page 18 through the end of page 20 of the appellant's brief are stricken, and on or before April 3, 2015, the appellant shall either delete the above material from the briefs on file with the Clerk of this Court, or serve and file a replacement brief that does not contain the stricken material.

RIVERA, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court