| Aly v Abououkal, Inc. |
| Motion No: 2014-11514 |
| Slip Opinion No: 2016 NY Slip Op 82140(U) |
| Decided on August 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
M216292
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
|
2014-11514, 2015-02822 Khamis Aly, appellant, v Abououkal, Inc., et al., respondents. (Index No. 4971/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Dutchess County, dated June 10, 2014, and January 15, 2015, respectively, for the Court to take judicial notice of an order of the same court dated March 29, 2016, or, in the alternative, to strike Points IIB and III of the respondents' brief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for the Court to take judicial notice of an order of the Supreme Court, Dutchess County, dated March 29, 2016, is granted; and it is further,
ORDERED that the branch of the motion which is to strike Point III of the respondents' brief is granted, and on or before September 9, 2016, the respondents shall remove Point III and references to Point III in the table of contents from the copies of the respondents' brief filed with the Clerk of Court; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, SGROI and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court