| Stewart Title Insurance Company v Bank of New York Me |
| Motion No: 2015-04358 |
| Slip Opinion No: 2016 NY Slip Op 70031(U) |
| Decided on April 11, 2016 |
| 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
M209637
E/sl
RANDALL T. ENG, P.J.
CHERYL E. CHAMBERS
THOMAS A. DICKERSON
FRANCESCA E. CONNOLLY, JJ.
|
2015-04358 Stewart Title Insurance Company, etc., appellant, v Bank of New York Mellon, formerly known as Bank of New York, etc., respondent, et al., defendant. (Index No. 704190/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's brief, or stated portions thereof, on an appeal from an order of the Supreme Court, Queens County, entered March 10, 2015, on the ground that portions of the respondent's brief refer 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, the respondent's brief is stricken, and the respondent shall serve and file a replacement brief, if any, on or before May 2, 2016; and it is further,
ORDERED that on the Court's own motion, the appellant's reply brief is stricken and the appellant shall serve and file a replacement reply brief, if any, on or before May 17, 2016.
ENG, P.J., CHAMBERS, DICKERSON and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court