| Berkovits v Chaaya |
| Motion No: 2014-11063 |
| Slip Opinion No: 2015 NY Slip Op 73831(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M192779
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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated May 18, 2015, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 1 of the appellants' reply brief are stricken, and on or before June 11, 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