| Bank of America, N.A. v Afflick |
| Motion No: 2015-01218 |
| Slip Opinion No: 2018 NY Slip Op 91233(U) |
| Decided on December 17, 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
M258284
E/afa
JOHN M. LEVENTHAL, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2015-01218 Bank of America, N.A., respondent, v Willard Afflick, appellant, et al., defendants. (Index No. 20976/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's reply brief on an appeal from a judgment of the Supreme Court, Queens County, entered March 30, 2018, or to strike stated portions of the reply brief on the ground, inter alia, that issues are improperly raised for the first time on reply, and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's reply brief or stated portions of the reply brief on the ground that issues are improperly raised for the first time on reply is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court