Appellate Division: Second Judicial Department

M233959

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-01333, 2016-08142 Felix Glaubach, etc., respondent, v David Slifkin, et al., defendants, John L. Miscone, et al., appellants. (Index No. 702987/15)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, entered January 4, 2016, and July 15, 2016, respectively, to strike the respondent's appendix and those portions of the respondent's brief that refer to the respondent's appendix on the ground that they contain or refer to matter dehors the record. By decision and order on motion of this Court dated March 28, 2017, the matter was remitted to the Supreme Court, Queens County, to report on whether that court considered the reply papers filed by the respondent, including the reply affirmation of Edward H. Pomeranz dated September 1, 2015, and attached exhibits, in connection with the motion and cross motion that were determined in the order entered January 4, 2016, and the motion was held in abeyance in the interim. The Supreme Court, Queens County, has filed its report dated June 15, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, dated June 15, 2017, it is

ORDERED that the motion is granted, the respondent's appendix and the last paragraph on page 64 of the respondent's brief are stricken, and on or before July 20, 2017, the respondents shall remove the stricken material from the copies of the respondent's brief filed with the Clerk of the Court.

BALKIN, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court