| Plotkin v Republic-Franklin Insurance Company |
| Motion No: 2016-04231 |
| Slip Opinion No: 2017 NY Slip Op 65881(U) |
| Decided on March 2, 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. |
Appellate Division: Second Judicial Department
M226935
S/sl
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. By decision and order on motion of this Court dated February 8, 2017, the matter was 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, has filed its report.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellants' time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.
ENG, P.J., MASTRO, HALL and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court