Aebly v Lally
Motion No: 2014-08038
Slip Opinion No: 2015 NY Slip Op 80489(U)
Decided on July 31, 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

M196307

E/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-08038, 2014-08039, 2014-08040,

2014-08042, 2014-08043, 2014-08045,

2014-10781, 2014-11280, 2014-11281

Richard Aebly, respondent,

v Regan Lally, appellant.

(Index No. 202114/08)

DECISION & ORDER ON MOTION

2015-02791, 2015-02792

Richard Aebly, plaintiff-respondent,

v Regan Lally, appellant; Bernice K.

Leber, nonparty-respondent.

(Index No. 202114/08)

Motion by the appellant to strike stated portions of the nonparty-respondent's appendix and to strike the nonparty-respondent's brief filed in connection with appeals from two orders of the Supreme Court, Nassau County, dated January 31, 2014, and October 10, 2014, respectively, and for a preference in the calendaring of those appeals, as well as appeals from nine orders of the same court dated April 25, 2014, May 1, 2014, May 22, 2014, May 23, 2014, May 29, 2014 (two orders), June 10, 2014, June 23, 2014, and August 20, 2014, respectively.

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

ORDERED that the branch of the motion which is to strike stated portions of the nonparty-respondent's appendix is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., DICKERSON, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court