Gall v Colon-Sylvain
Motion No: 2015-00878
Slip Opinion No: 2016 NY Slip Op 83226(U)
Decided on August 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M216926

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-00878

Elemer Gall, etc., respondent,

v Frances Colon-Sylvain, et al., defendants,

David M. Fish, et al., appellants.

(Index No. 6536/07)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to strike the respondent's brief on appeals from a judgment of the Supreme Court, Nassau County, dated November 3, 2014.

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 the respondent's brief is granted, and on or before September 22, 2016, the respondent's shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court