Appellate Division: Second Judicial Department

M256126

E/rr

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-03930 Joaquin Garcia, et al., respondents-appellants, v Peter Garcia, appellant-respondent. (Action No. 1) Peter J. Garcia, appellant-respondent, v Michael Garcia, et al., respondents-appellants, Brooklyn Properties 21, LLC, et al., appellants. (Action No. 2) (Index Nos. 24618/10, 28956/10)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to strike Point I of the respondents-appellants' reply brief on an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated March 1, 2017, on the ground that it refers to matter dehors the record. Cross motion by the respondents-appellants to strike the appellant-respondent's reply brief on the ground that it refers to matter dehors the record, in whole or in part, and that the reply brief improperly raises arguments for the first time in reply and to withdraw the cross appeal.

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

ORDERED that the appellant-respondent's motion is denied; and it is further,

ORDERED that the branch of the respondents-appellants' motion which is to withdraw the cross appeal is granted and the cross appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the respondents-appellants' motion is otherwise denied.

LEVENTHAL, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court