Kapoor v AWI Wireless, LLC
Motion No: 2016-05905
Slip Opinion No: 2017 NY Slip Op 72894(U)
Decided on May 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M230413

E/sl

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-05905, 2016-10092

Ashish Kapoor, etc., et al., appellants,

v AWI Wireless, LLC, respondent.

(Index No. 14434/12)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the record and the appellants' brief on appeals from a judgment of the Supreme Court, Nassau County, dated April 28, 2016, and an order of the same court entered August 10, 2016, on the ground that they contain or refer to matter dehors the record. Cross motion by the appellants for the Court to take judicial notice of a record on appeal filed in connection with certain prior related appeals.

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

ORDERED that the motion and the cross motion are denied.

ENG, P.J., AUSTIN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court