David K. Bialik v AXA Equitable Life Insurance Company formerly known as the Equitable Life

Motion No: M-5753

Slip Opinion No: 2016 NYSlipOp 96088(U)

Decided on December 22, 2016

Appellate Division, First 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.

December 22, 2016

David K. Bialik,

Plaintiff-Appellant-Respondent,

v

AXA Equitable Life Insurance Company,

formerly known as The Equitable Life

Assurance Society of the United States,

Defendant-Respondent-Appellant.

An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about April 12, 2016, and the appeals having been perfected, And, plaintiff-appellant-respondent having moved for an order striking respondent's brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is denied as academic. ENTERED: December 22, 2016

_____________________ DEPUTY CLERK

PRESENT: Hon. Angela M. Mazzarelli,Justice Presiding, Diane T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Paul G. Feinman,Justices

M-5753

Index No. 156898/13