Halvatzis v Perrone
Motion No: 2017-04727
Slip Opinion No: 2018 NY Slip Op 72286(U)
Decided on May 11, 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

M249799

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-04727

Anita Halvatzis, respondent, v Joseph

Perrone, appellant, et al., defendant.

(Index No. 705905/16)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated March 27, 2017, to strike portions of the respondent's brief which contain points of argument asserting that the Supreme Court erred in dismissing certain causes of action.

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

ORDERED that the motion is granted to the extent that the respondent's brief is stricken, on or before June 11, 2018, the respondent shall serve and file a replacement brief which does not contain points of argument asserting that the Supreme Court erred in dismissing certain causes of action, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant may serve and file a replacement reply brief on or before June 27, 2018, if so advised.

RIVERA, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court