| Matter of Lexington Bates Asset Management, LLC v Tagliaferro |
| Motion No: 2015-06274 |
| Slip Opinion No: 2017 NY Slip Op 69595(U) |
| Decided on April 5, 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
M228978
S/sl
RANDALL T. ENG, P.J.
SANDRA L. SGROI
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2015-06274 In the Matter of Lexington Bates Asset Management, LLC, etc., respondent, v Tonia Tagliaferro, appellant. (Index No. 80004/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike Point II of the appellant's brief on an appeal from an order of the Supreme Court, Dutchess County, dated June 1, 2015, and to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated December 1, 2016, the branch of the motion which was to strike Point II of the appellant's brief was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. By order on application of this Court dated April 4, 2017, the appeal was withdrawn.
Now, on the Court's own motion, it is
ORDERED that so much of the order dated December 1, 2016, as referred the branch of the motion which was to strike Point II of the appellant's brief to the panel of Justices hearing the appeal is recalled and vacated, and that branch of the motion is denied as academic.
ENG, P.J., SGROI, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court