Schmitt v Spector
Motion No: 2014-08466
Slip Opinion No: 2015 NY Slip Op 70788(U)
Decided on April 21, 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

M191005

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2014-08466

Mark Schmitt, plaintiff-respondent,

v Stephen Spector, defendant-respondent,

Frank B. Holleckbeck, et al., appellants.

(Index No. 3409/14)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated June 18, 2014, to preclude the defendant-respondent from filing a brief, or, in the alternative, to strike the defendant-respondent's brief if it is filed before the motion is decided.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., HALL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court