Joan Sheen Cunningham v Trustees of St. Patrick's Cathedral and the Archdiocese of New York

Motion No: M-2111

Slip Opinion No: 2017 NYSlipOp 76755(U)

Decided on June 13, 2017

Appellate Division, First 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.

June 13, 2017

Joan Sheen Cunningham,

Petitioner-Respondent,

v

Trustees of St. Patrick's Cathedral,

and The Archdiocese of New York,

Respondents-Appellants.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about November 17, 2016, and said appeal having been perfected, And petitioner-respondent having moved for an order striking portions of the record on appeal and respondents' appellate brief, directing respondents to file an amended record on appeal and appellate brief, adjourning the appeal, and enlarging the time for petitioner to file a respondent's brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of striking pp. 221-240 of respondents-appellants' record, and respondents-appellants are directed to physically excise said pages from all copies of the record within 15 days from the date of entry hereof. The main brief filed by respondents-appellants

is stricken, and respondents-appellants are directed to file a new brief with no references to the sur-reply dated October 27, 2016, or its exhibits. Respondents-appellants are directed to file their replacement main brief by August 7, 2017 for the October 2017 Term, to which Term the appeal is adjourned. ENTERED: June 13, 2017

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Angela M. Mazzarelli Karla Moskowitz Judith J. Gische Ellen Gesmer, Justices

M-2111

Index No. 154933/16