St. Lucy's Cathedral Old Roman Catholic Church v Sacred Heart of Jesus
Motion No: 2017-04991
Slip Opinion No: 2018 NY Slip Op 89567(U)
Decided on November 28, 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

M257755

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-04991

St. Lucy's Cathedral Old Roman Catholic

Church, respondent, v Sacred Heart of Jesus

English Rite Catholic Church, Inc., et al.,

appellants.

(Index No. 512525/16)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the record on an appeal from an order of the Supreme Court, Kings County, dated April 4, 2017, on the ground that they contain matter dehors the record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, pages 405 through 409, 411 through 415, 419 through 421, 423, 424, 436 through 459, 461 through 464, 466 through 470, and 472 through 485 of the record are stricken, and on or before December 19, 2018, the appellants shall remove the stricken material from the copies of the record filed with the Clerk of this Court or serve and file a replacement record that does not contain the stricken material.

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court