| Kerolle v Nicholson |
| Motion No: 2017-07503 |
| Slip Opinion No: 2018 NY Slip Op 82916(U) |
| Decided on September 10, 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. |
Appellate Division: Second Judicial Department
M255037
E/mm
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
ANGELA G. IANNACCI, JJ.
|
2017-07503 Theophile Kerolle, et al., appellants, v Basil G. Nicholson, et al., respondents, et al., defendants. (Index No. 13836/14)
| DECISION & ORDER ON MOTION |
Motion by the defendants Theracare of New York, Inc., and Theracare, Inc., inter alia, in effect, to strike stated portions of the appellants' brief on an appeal from an order of the Supreme Court, Queens County, entered June 29, 2017, on the ground that they improperly raise issues against the movants for the first time on appeal.
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 material beginning with the last paragraph on page 24 through page 26, including footnotes 5 and 6 on pages 24 and 26, respectively, is stricken, and on or before October 2, 2018, the appellants shall delete the stricken material from the copies of the appellants' brief filed with the Clerk of this Court or serve and file a replacement appellants' brief that does not contain the stricken material, and the motion is otherwise denied.
CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court