Moxey v Payne
Motion No: 2015-11417
Slip Opinion No: 2017 NY Slip Op 74057(U)
Decided on May 17, 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

M231105

E/afa

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2015-11417

Kenneth Moxey, appellant, v Jennifer G.

Payne, et al., respondents.

(Index No. 5761/15)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondents' brief on an appeal from an order of the Supreme Court, Queens County, entered October 2, 2015, on the ground that it contains scandalous statements and misrepresentations.

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

ORDERED that the motion is denied.

MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court