| Matter of Mercer, deceased |
| Motion No: 2015-07466 |
| Slip Opinion No: 2016 NY Slip Op 79467(U) |
| Decided on July 13, 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
M214748
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
HECTOR D. LASALLE, JJ.
|
2015-07466 In the Matter of Norman J. Mercer, deceased. BNY Mellon, N.A., et al., appellants; Howard Mercer, et al., respondents. (File No. 211 P 2008/D)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike stated portions of the appellants' reply brief on an appeal from an order of the Surrogate's Court, Suffolk County, entered March 30, 2015, on the ground that they improperly raise arguments for the first time on appeal, and for an award of costs and an attorney's fee.
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 Point III of the appellants' reply brief, on pages 17 and 18, including footnote 7 on page 18, is granted, and that material has not been considered on the appeal; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ROMAN, MILLER and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court