Klingsberg v Council of School Supervisors and Administrators-Local 1
Motion No: 2017-05478
Slip Opinion No: 2018 NY Slip Op 69569(U)
Decided on April 12, 2018
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

M248737

E/afa

RUTH C. BALKIN, J.P.

BETSY BARROS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-05478

Joan Klingsberg, appellant, v Council of

School Supervisors and Administrators-Local 1,

defendant, Charity Guerra, respondent.

(Index No. 703477/16)

DECISION & ORDER ON MOTION

Motion by the Council of School Supervisors and Administrators-Local 1, in effect, to strike stated portions of the record and the appellant's brief and to amend the caption on the appeal on the ground that it is not a respondent on an appeal from an order of the Supreme Court, Queens County, entered February 3, 2017.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the record and the parties' briefs are stricken, and on or before May 11, 2018, the appellant shall serve and file a replacement record that does not contain the order entered February 3, 2017, which granted the motion by the Council of School Supervisors and Administrators-Local 1 to dismiss the complaint insofar as asserted against it and the motion papers filed in connection with that motion, and shall serve and file a replacement brief which does not raise points of argument concerning that order.

BALKIN, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court