Plotkin v Republic-Franklin Insurance Company
Motion No: 2016-04231
Slip Opinion No: 2017 NY Slip Op 63721(U)
Decided on February 8, 2017
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

M225832

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

L. PRISCILLA HALL

COLLEEN D. DUFFY, JJ.

2016-04231

Chaya Plotkin, respondent, v Republic-Franklin

Insurance Company, et al., appellants.

(Index No. 3359/11)

DECISION & ORDER ON MOTION

Motion by the respondent to strike pages 663 through 803 from the record on an appeal from an order of the Supreme Court, Kings County, dated March 23, 2016, to strike references to that material in the appellants' brief, and to impose a sanction upon the appellants' counsel and for an award of costs.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether that court considered the material contained on pages 663 through 803 of the record in determining the motions and cross motion that resulted in the order dated March 23, 2016; the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

ENG, P.J., MASTRO, HALL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court