Greenberg v Spitzer
Motion No: 2014-07682
Slip Opinion No: 2015 NY Slip Op 70831(U)
Decided on April 22, 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

M191019

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2014-07682

Maurice R. Greenberg, respondent-appellant,

v Eliot L. Spitzer, appellant-respondent.

(Index No. 1436/13)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for the Court to take judicial notice of certain documents on an appeal and cross appeal from an order of the Supreme Court, Putnam County, dated June 24, 2014, or to enlarge the record to include those documents.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the respondent-appellant's reply brief is stricken, and on or before May 28, 2015, the respondent-appellant's may serve and file a replacement reply brief that does not refer to matter dehors the record.

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

ENTER:

Aprilanne Agostino

Clerk of the Court