3301 Atlantic Avenue, LLC v Atlantic Chestnut, LLC
Motion No: 2017-00175
Slip Opinion No: 2018 NY Slip Op 74372(U)
Decided on June 7, 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

M251059

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2017-00175

3301 Atlantic Avenue, LLC, et al., respondents,

v Atlantic Chestnut, LLC, et al., defendants,

Atlantic Chestnut Affordable Housing, LLC,

appellant.

(Index No. 502062/16)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the appellant's reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 15, 2016, on the ground that they refer to matter dehors the record.

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

ORDERED that the motion is denied.

LEVENTHAL, J.P., COHEN, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court