| Colletti v Deutsch |
| Motion No: 2014-08496 |
| Slip Opinion No: 2016 NY Slip Op 83805(U) |
| Decided on August 29, 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
M217225
E/afa
REINALDO E. RIVERA, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
|
2014-08496 Paul Colletti, et al., appellants, v Ezra Deutsch, etc., et al., respondents. (Index No. 22229/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike Point I of the appellants' reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated July 22, 2014, on the ground that it refers to matter dehors the record and improperly raises issues for the first time on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that paragraphs numbered 2 and 3 of Point I are stricken, on or before September 12, 2016, the appellants shall remove the stricken material from the copies of the appellants' reply brief filed with the Clerk of the Court or serve and file a replacement reply brief which does not contain the stricken material, and the motion is otherwise denied.
RIVERA, J.P., MILLER, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court