Berkovits v Chaaya
Motion No: 2014-11063
Slip Opinion No: 2015 NY Slip Op 73382(U)
Decided on May 18, 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

M192355

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-11063

Linda Berkovits, respondent,

v Orlit Chaaya, et al., appellants.

(Index No. 6477/12)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellants' reply brief on an appeal from a judgment of the Supreme Court, Kings County, dated October 22, 2014, 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 to the extent that the first two sentences of the second paragraph on page 2 of the appellants' reply brief are stricken, and on or before June 9, 2015, the appellants shall remove the stricken material from the copies of their reply brief filed with the Clerk of the Court or serve and file a replacement reply brief that does not contain the stricken material.

SKELOS, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court